Bench Memos

This Day in Liberal Judicial Activism—April 4

1939—Two weeks after President Roosevelt nominates SEC chairman (and former Yale law professor) William O. Douglas to the Supreme Court, the Senate confirms the nomination by a 62-4 vote. On the Court from 1939 until 1975, Douglas is the longest-serving justice in history.

In his 2003 New Republic review of a biography of Douglas (Wild Bill: The Legend and Life of William O. Douglas, by Bruce Allen Murphy), Seventh Circuit judge Richard A. Posner offers this succinct summary of Douglas’s judicial career: “For Douglas, law was merely politics.” Here’s Posner’s colorful fuller assessment: “Apart from being a flagrant liar, Douglas was a compulsive womanizer, a heavy drinker, a terrible husband to each of his four wives, a terrible father to his two children, and a bored, distracted, uncollegial, irresponsible, and at times unethical Supreme Court justice who regularly left the Court for his summer vacation weeks before the term ended. Rude, ice-cold, hot-tempered, ungrateful, foul-mouthed, self-absorbed, and devoured by ambition, he was also financially reckless—at once a big spender, a tightwad, and a sponge—who, while he was serving as a justice, received a substantial salary from a foundation established and controlled by a shady Las Vegas businessman.”

As Posner acknowledges, one can, of course, “be a bad person and a good judge, just as one can be a good person and a bad judge.” By the evidence, Douglas was both a terrible person and a terrible judge.

Most Popular

Education

An Idea for Student Loans: Get Rid of Them

Here is a three-part plan for something practical the federal government could do to relieve college-loan debt. Step 1: The federal government should stop making college loans itself and cease guaranteeing any such loans. Step 2: It should prohibit educational lending by federally regulated financial institutions ... Read More
White House

The Problem with the Mueller Report

So much for collusion. The media conversation has now officially moved on from the obsession of the last two years to obstruction of justice. That’s because the first volume of the voluminous Mueller report, the half devoted to what was supposed to be the underlying crime of a Trump conspiracy with Russia, ... Read More
White House

MoveOn.GOP?

Some of you will be familiar with a lefty, partisan Democratic organization called MoveOn, formerly MoveOn.Org. It was founded during an investigation into President Bill Clinton’s shenanigans (which were not, Democratic mythology notwithstanding, strictly sexual in nature) and argued that it was time for the ... Read More