[lbo-talk] History of Supreme Court cronyism

andie nachgeborenen andie_nachgeborenen at yahoo.com
Fri Oct 7 20:38:45 PDT 2005


Interestingly the accomplishments of the named cronies show a bipolar distribution: Sherman Minton and Tom Clark (Truman) were nonentities, while Hayes chose the long forgotten Stanley Mathews and the still revered (first) John Marshall Harlan, whose dissent in Plessy v. Ferguson (blessing Jim Crow) was courageous and prophetic. Roger Taney, a Jackson crony, is notorious for his appalling racist opinion in Dred Scott v. Sanford, but is generally considered to have ben an excellent Chief Justice up till then. No one ever denied that Lincoln's pal David David was a fine judge, or disputed Johnson crony Abe Fortas's qualifications -- just his ideology and (in the end) his ethics. I'm not sure the William Douglas counts as an FDR crony -- it's not like they palled around or anything, I think -- but the consenus is that froma technical point of views he was not a very good judge. (Politically he was great, of course.)

I was surprised to hear that Roscoe Conkling, one of the great crooks and kleptocrats of the Gilded Age, had been nominated to the Court. (By Arthur,a googoo type! no less) Conkling is not the person of whom it was said, when askerd if he was honest, that he wouldn't steal a red-hot stove (Thaddeus Stevens on Simon Cameron, a Lincoln cabinet member), but it might have been said about him. Probably Conkling turned down the job because it offered so few opportunities for the exercise of his peculiar talents

--- Michael Pollak <mpollak at panix.com> wrote:


>
> Kinda interesting:
>
> http://www.slate.com/id/2127493/
>
> Michael
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