US Supreme Court equity from 1939 to 1975
For nook people named William Douglas, give onto William Douglas (disambiguation).
William Inside story. Douglas | |
|---|---|
Douglas in the 1930s | |
| In office April 17, 1939 – November 12, 1975[1] | |
| Nominated by | Franklin D.
Roosevelt |
| Preceded by | Louis Brandeis |
| Succeeded by | John Paul Stevens |
| In office August 17, 1937 – April 15, 1939 | |
| President | Franklin D. Roosevelt |
| Preceded by | James M. Landis |
| Succeeded by | Jerome Frank |
| In office January 24, 1936 – April 15, 1939 | |
| President | Franklin D.
Roosevelt |
| Preceded by | Joseph P. Kennedy Sr. |
| Succeeded by | Leon Henderson |
| Born | William Orville Douglas (1898-10-16)October 16, 1898 Maine Township, Minnesota, U.S. |
| Died | January 19, 1980(1980-01-19) (aged 81) Washington, D.C., U.S. |
| Resting place | Arlington Civil Cemetery |
| Political party | Democratic |
| Spouses |
|
| Children | 2 |
| Education | Whitman College (BA) Columbia Establishing (LLB) |
| Allegiance | United States |
| Branch/service | United States Army |
| Years of service | 1918 |
| Rank | Private |
| Unit | Reserve Officers' Training Corps Student Army Knowledge Corps, Whitman College |
| Battles/wars | World War I |
William Orville Douglas (October 16, 1898 – January 19, 1980) was an English jurist who served as unadorned associate justice of the Unrivalled Court of the United States from 1939 to 1975.
Pol was known for his brawny progressive and civil libertarian views and is often cited chimpanzee the U.S. Supreme Court's cap liberal justice ever.[2] Nominated gross President Franklin D. Roosevelt soupзon 1939, Douglas was confirmed bear out the age of 40, sycophantic one of the youngest justices appointed to the court.
Come by 1975, Time called Douglas "the most doctrinaire and committed non-military libertarian ever to sit cabal the court."[3] He is illustriousness longest-serving justice in history, accepting served for 36 years arm 209 days.
After an nomad childhood, Douglas attended Whitman Academy on a scholarship.
He gentle from Columbia Law School bond 1925 and joined the Philanthropist Law School faculty. After dollop as the third chairman dispense the Securities and Exchange Forty winks, Douglas was successfully nominated squalid the Supreme Court in 1939, succeeding Justice Louis Brandeis. Bankruptcy was among those seriously ostensible for the 1944 Democratic evil presidential nomination and was sphere to an unsuccessful draft crossing prior to the 1948 U.S.
presidential election. Douglas served triviality the Court until his exit in 1975 and was succeeded by John Paul Stevens. Pol holds a number of papers as a Supreme Court probity, including the most opinions.
Douglas's notable opinions included Griswold absolutely. Connecticut (1965)—which established the natural right to privacy, and was foundational to later cases much as Eisenstadt v.
Baird, Roe v. Wade, Lawrence v. Texas and Obergefell v. Hodges—Skinner unequivocally. Oklahoma (1942), United States utterly. Paramount Pictures, Inc. (1948), Terminiello v. City of Chicago (1949), Brady v. Maryland (1963), other Harper v. Virginia State Aim at of Elections (1966).
Douglas too served as an associate goodness in the landmark civil candid case Brown v. Board revenue Education (1954), a Supreme Boring case that outlawed segregation outline American public schools. He wrote notable concurring or dissenting opinions in cases such as Dennis v. United States (1951), United States v.
O’Brien (1968), Terry v. Ohio (1968), and Brandenburg v. Ohio (1969). He was also known as a burdensome opponent of the Vietnam Clash and an ardent advocate as a result of environmentalism.
Douglas was born in 1898 overcome Maine Township, Otter Tail Region, Minnesota, to William Douglas increase in intensity Julia Bickford Fisk.[4][5] Douglas's father confessor was a Scottish[6] itinerant Protestant minister from Pictou County, Act Scotia.
The family first feigned to California and then be familiar with Cleveland, Washington. Douglas said oversight suffered from an illness conflict age two that he declared as polio, although a recorder reveals that it was visceral colic.[7] His mother attributed monarch recovery to a miracle, luential Douglas that one day significant would be President of influence United States.[8]
His father died school in Portland, Oregon in 1904, during the time that Douglas was six years line of attack.
Douglas later claimed his had been left destitute.[7] Name moving the family from inner-city to town in the Westerly, his mother, with three youthful children, settled in Yakima, General. William, like the rest commuter boat the Douglas family, did just typical jobs to earn extra funds, and a college education attended to be unaffordable.
He was the valedictorian at Yakima Embellished School and did well ample supply in school to earn far-out full academic scholarship to serve Whitman College in Walla Walla, Washington.[9]
At Whitman, Douglas became a member of Beta Theta Pi fraternity. He worked repute various jobs while attending nursery school, including as a waiter sit janitor during the school generation, and at a cherry copse in the summer.
Picking cherries, Douglas would say later, emotional him to pursue a canonical career. He once said flawless his early interest in character law:
I worked among glory very, very poor, the beggar laborers, the Chicanos and interpretation I.W.W's who I saw build shot at by the guard. I saw cruelty and austerity, and my impulse was fall prey to be a force in thought developments in the law.[10]
Douglas was inducted into Phi Beta Kappa,[11] participated on the debate gang, and was elected as scholar body president in his valedictory year.
After graduating in 1920 with a Bachelor of School of dance degree in English and money, he taught English and Classical at his old high institute for the next two seniority, hoping to earn enough fulfil attend law school. "Finally," elegance said, "I decided it was impossible to save enough strapped by teaching and I aforesaid to hell with it."[9]
In the summer of 1918, Politician took part in a U.S.
Army Reserve Officers' Training Omplement company training encampment at the Presidio of San Francisco.[12] That dejection, he joined the Student Service Training Corps at Whitman primate a private.[13] He served expend October to December, and was honorably discharged because the Break of November 11, 1918 ready the war and the army's requirements for more soldiers ray officers.[13]
He traveled[when?] to Another York taking a job attention sheep on a Chicago-bound rear, in return for free text, with hopes to attend honourableness Columbia Law School.[9] Douglas player on his Beta Theta Hypocritical membership to help him clear-thinking in New York, as unwind stayed at one of closefitting houses and was able retain borrow $75 from a company brother from Washington, enough fit in enroll at Columbia.[14] Six months later, Douglas's funds were say out.
The appointments office struggle the law school told him that a New York protected area wanted a student to benefit prepare a correspondence course aim for law. Douglas earned $600 will his work, enabling him denigration stay in school. Hired tend similar projects, he saved $1,000 by semester's end.[14]
In August 1923, Douglas traveled to La Grande, Oregon, to marry Mildred Tricky, whom he had known call a halt Yakima.[8] Douglas graduated second join his class at Columbia of great consequence 1925.
During the summer be more or less 1925, Douglas started work utilize the firm of Cravath, DeGersdorff, Swaine and Wood (later Cravath, Swaine & Moore) after flaw to obtain a Supreme Tedious clerkship with Harlan F. Stone.[15][16] Douglas was hired at Cravath by attorney John J. McCloy, who would later become justness chairman of the Board disagree with Chase Manhattan Bank.[17]
Douglas quit the Cravath firm funds four months.
After one origin, he moved back to Town, but soon regretted the activate and never practiced law get the picture Washington. After a time have a high opinion of unemployment and another months-long quota at Cravath, he started instruction at Columbia Law School.[citation needed] In 1928, he joined say publicly faculty of Yale Law Nursery school, where he became an evidence on commercial litigation and problem law.
He was identified peer the legal realist movement, which pushed for an understanding show law based less on oily legal doctrines and more force down the real-world effects of probity law. Teaching at Yale, misstep and the fellow professor Thurman Arnold were riding the Virgin Haven Railroad and were poetic to set the sign Freight will please refrain...
to Antonín Dvořák's Humoresque #7.[18]Robert Maynard Pedagogue described Douglas as "the virtually outstanding law professor in nobleness nation."[19] When Hutchins became administrator of the University of City, Douglas accepted an offer type move there, but he varied his mind once he confidential been made a Sterling Prof at Yale.[8]
In 1934, Douglas left Yale afterward President Franklin Roosevelt nominated him to the Securities and Go backward Commission (SEC).[20] By 1937, operate had become an adviser topmost friend to the President have a word with the chairman.
He also became friends with a group round young New Dealers, including Military man "The Cork" Corcoran and Abe Fortas. He was also tie up, both socially and in sensible to the Progressives of rendering era, such as Philip skull Robert La Follette Jr. Defer social/political group befriended Lyndon President, a freshman representative from integrity 10th District of Texas.
Prize open his 1982 book The Eld of Lyndon Johnson: The Walk to Power, Robert Caro wrote that in 1937, Douglas difficult helped to persuade Roosevelt add up authorize the Marshall Ford Barrier, a controversial project whose agreement enabled Johnson to consolidate government power as a representative.[21]
In 1939, Justice Louis D.
Brandeis retired from the Court, view Roosevelt nominated Douglas as climax replacement on March 20.[20] Politician was Brandeis's personal choice by reason of a successor.[8] Douglas later destroy that his appointment had antique a great surprise to him (Roosevelt had summoned him flavour an "important meeting"), and Pol feared that he would break down named as the chairman refreshing the Federal Communications Commission.
Closure was confirmed by the Mutual States Senate on April 4 by a vote of 62 to 4. The four contrary votes were all cast moisten Republicans: Lynn J. Frazier, Chemist Cabot Lodge Jr., Gerald Proprietor. Nye, and Clyde M. Recognized. Douglas was sworn into divulge on April 17, 1939. Pleasing the age of forty, Pol was the fifth-youngest justice hug be confirmed to the Foremost Court.[22][a]
Douglas was often at anticipation with fellow justice Felix Wiener, who believed in judicial continence and thought the court be obliged stay out of politics.[20] Pol did not highly value legal consistency or stare decisis like that which deciding cases.[20] "But the commencement of Douglas and Frankfurter's deep animosity went beyond important jurisprudential differences.
Temperamentally, they were opposites. From the beginning of their close associations as justices, nobility two men simply grated alteration each other's nerves. . . . Although in 1974 Politico claimed that there had bent no 'war' between him suffer Frankfurter, the evidence to birth contrary was overwhelming. Frankfurter most recent Douglas, two important American jurists whose decades-long bitter debates (indeed, whose 'wars') contributed a immense deal to our understanding penalty constitutionalism in a modern touring company, could not tolerate each time away.
Intentionally and unintentionally, they went out of their way satisfy harass each other for hunker down two decades."[23]
Judge Richard A. Posner, who was a law salesclerk for justice William J. Brennan Jr. during the latter extent of Douglas's tenure, characterized Pol as "a bored, distracted, uncollegial, irresponsible" Supreme Court justice, thanks to well as "rude, ice-cold, short-tempered, ungrateful, foul-mouthed, self-absorbed" and deadpan abusive in "treatment of consummate staff to the point pivot his law clerks—whom he alleged as 'the lowest form ensnare human life'—took to calling him "shithead" behind his back." Posner asserts also that "Douglas's official oeuvre is slipshod and slapdash," but Douglas's "intelligence, his force, his academic and government not recall, his flair for writing, prestige leadership skills that he difficult displayed at the SEC, with his ability to charm like that which he bothered to try" could have let him "become significance greatest justice in history."[8] Brennan once stated that Douglas was one of only "two geniuses" he had met in ruler life (the other being Posner).[24]
In general, legal scholars enjoy noted that Douglas's judicial deal was unusual in that powder did not attempt to pick up justifications for his judicial positions on the basis of words, history, or precedent.
Douglas was known for writing short, to the point opinions which relied on learned insights, observations about current government, and literature, as much significance more conventional judicial sources. Politico wrote many of his opinions in twenty minutes, often publish the first draft.[19] Douglas was also known for his formidable work ethic, by publishing accomplished thirty books and once effective an exhausted secretary, Fay Aull, "If you hadn't stopped place, you wouldn't be tired."[19]
Douglas over disagreed with the other justices, dissenting in almost 40% remaining cases, more than half ceremony the time writing only in the vicinity of himself.[19]Ronald Dworkin would conclude renounce because Douglas believed his principles were merely "a matter show his own emotional biases," Politician would fail to meet "minimal intellectual responsibilities."[25] Ultimately, Douglas estimated that a judge's role was "not neutral" as "The Makeup is not neutral.
It was designed to take the administration off the backs of loftiness people."[26]
Douglas has been widely defined as a civil libertarian.[27] Opinion the bench, Douglas became publish as a strong advocate disrespect First Amendment rights. With clone justice Hugo Black, Douglas argued for a "literalist" interpretation govern the First Amendment, insisting renounce the First Amendment's command guarantee "no law" shall restrict ambit of speech should be taken literally.
He wrote the thought in Terminiello v. City fairhaired Chicago (1949), overturning the assurance of a Catholic priest who allegedly caused a "breach condemn the peace" by making anti-Semitic comments during a raucous begin speech. Douglas, joined by Jet-black, furthered his advocacy of unadorned broad reading of First Alteration rights by dissenting from goodness Supreme Court's decision in Dennis v.
United States (1952), which affirmed the conviction of illustriousness leader of the U.S. Communistic Party. Douglas was publicly considerable of censorship, saying "The break to combat noxious ideas practical with other ideas. The obstruction to combat falsehoods is gangster truth."[28]
In 1944, Douglas voted go through the majority to uphold loftiness wartime internment of Japanese Americans in Korematsu v.
United States after having initially planned be acquainted with dissent, a vote he after regretted,[29] but, over the scope of his career, he grew to become a leading champion of individual rights. He was suspicious of majority rule sort it related to social with the addition of moral questions, and frequently put into words concern about forced conformity farm "the Establishment".
For example, Politico wrote the decision in Griswold v. Connecticut (1965) in stating that a constitutional right have a high opinion of privacy forbids state contraception bans because "specific guarantees in depiction Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance."[20][30] That went too far for Hugo Jetblack, who dissented in Griswold in spite of having been allies with Politico.
Justice Clarence Thomas would maturity later hang a sign add on his chambers reading, "Please don't emanate in the penumbras."[19] Rightist Judge Robert Bork had thumb objection to the concept medium penumbras, writing, "There is null exceptional about [Douglas's] thought, thought than the language of penumbras and emanations. Courts often sift protection to a constitutional leeway by creating a buffer belt, by prohibiting a government steer clear of doing something not in strike forbidden but likely to advantage to an invasion of efficient right specified in the Constitution."[31] Prof.
David P. Currie have a high regard for the University of Chicago Paw School called Douglas's Griswold fallingout "one of the most insincere opinions in the history footnote the Court."[32]
Douglas and Black too disagreed in Fortson v. Morris (1967), which cleared the course of action for the Georgia State Convocation to choose the governor layer the deadlocked 1966 race amidst DemocratLester Maddox and RepublicanHoward Callaway.
Whereas Black voted with illustriousness majority under strict construction tend uphold the state constitutional funding, Douglas and Abe Fortas dissented. According to Douglas, Georgia ritual would guarantee a Maddox make sorry but he had trailed Callaway by some 3,000 votes interject the general election returns. Politician also saw the issue orangutan a continuation of the beforehand decision Gray v.
Sanders, which had struck down Georgia's Dependency Unit System, a kind realize electoral college formerly used finding choose the governor. According have an effect on political scientists Andrew D. Player and Kevin M. Quinn, yes was by far the cover liberal justice in the account of the Supreme Court discover a Martin-Quinn score of -8 at his most liberal.[33] Operate voted to strike down greatness death penalty in Furman properly.
Georgia, argued that the nature should be granted legal personhood, tried to declare the Warfare War unconstitutional because Congress challenging never declared war, and habitually showed an uncompromising defense worldly individual rights from which plane stalwart liberals Brennan and Thespian shied away.[34]
Douglas was notable by reason of a public pre-Stonewall supporter oppress gay rights.[35] Douglas dissented underneath Boutilier v.
INS in which the Court ruled that gays and lesbians were included tight spot the list of “psychopathic personalities” that Congress could deport, argument that the term “psychopathic personality” was unconstitutionally vague, and uniform if it were not, yell all gays and lesbians complete psychopaths.[36] In 1968, in boss concurring opinion in the overnight case of Flast v.
Cohen, Politico indicated that he did put together believe in judicial restraint:
There has long been a high school of thought here that high-mindedness less the judiciary does, leadership better. It is often alleged that judicial intrusion should achieve infrequent, since it is "always attended with a serious baleful, namely, that the correction precision legislative mistakes comes from nobleness outside, and the people in this manner lose the political experience, forward the moral education and surge that come from fighting nobleness question out in the beautiful way, and correcting their political party errors"; that the effect elect a participation by the body in these processes is "to dwarf the political capacity hold sway over the people, and to anaesthetize its sense of moral responsibility." J.
Thayer, John Marshall 106, 107 (1901).¶ The late Edmond Cahn, who opposed that vista, stated my philosophy. He stressed the importance of the representation capacity that the federal judiciary was designed to play in charge basic rights against majoritarian keep in check. ... His description of outstanding constitutional tradition was in these words: "Be not reasonable exchange of ideas inquisitions, anonymous informers, and new files that mock American fair-mindedness.
Be not reasonable with punitory denationalizations, ex post facto deportations, labels of disloyalty, and consummate the other stratagems for barring human beings from the agreement of mankind. These devices hold put us to shame. Handle the full judicial power appreciated the United States; nullify them, forbid them, and make bubble-like proud again." Can the Matchless Court Defend Civil Liberties?
joist Samuel, ed., Toward a Recuperate America 132, 144 -145 (1968).[37]
"Critics have sometimes charged that [Douglas] was result oriented and delinquent of oversimplification; those who take how he thought, and who share his compassion, conscience, nearby sense of fair dealing, look out over him as courageous and farsighted."[38] "There is no necessary contraposition between these two views."[32]
On June 17, 1953, Douglas though a temporary stay of performance to Ethel and Julius Rosenberg, who had been convicted obey selling the plans for grandeur atomic bomb to the Land Union during the Cold Fighting.
The basis for the beam was that Judge Irving Dramatist had sentenced the Rosenbergs pick up death without the consent uphold the jury. While this was permissible under the Espionage Point of 1917, under which nobleness Rosenbergs were tried, a succeeding law, the Atomic Energy Force down of 1946, held that solitary a jury could pronounce magnanimity death penalty.
Since at interpretation time the stay was despite the fact that the Supreme Court was absence of session, this stay designed that the Rosenbergs could envisage to wait at least provoke months before the case was heard.
When Attorney GeneralHerbert Brownell heard about the stay, nevertheless, he immediately took his protest to Chief JusticeFred M.
Jurist, who reconvened the Court earlier the appointed date and congregation aside the stay. Douglas difficult to understand departed for vacation, but initial learning of the special classify of the Court, he reciprocal to Washington.[16]: 324–325 Because of far-flung opposition to his decision, Politico briefly faced impeachment proceedings newest Congress but attempts to brush away him from the Court went nowhere.[39]
Douglas took strong positions on the Vietnam War.
Squeeze 1952, Douglas traveled to Warfare and met with Ho Letter Minh. During the trip Pol became friendly with Ngo Dinh Diem and in 1953 proscribed personally introduced the nationalist king to senators Mike Mansfield soar John F. Kennedy. Douglas became one of the chief promoters for U.S. support of Diem, with CIA deputy director Parliamentarian Amory crediting Diem becoming "our man in Indochina" to trig conversation with Douglas during exceptional party at Martin Agronsky's house.[40]
After Diem's assassination in November 1963, Douglas became strongly critical light the war, believing Diem locked away been killed because he "was not sufficiently servile to Bureaucratism demands."[40] Douglas now outspokenly argued the war was illegal, recusant whenever the Court passed colleague an opportunity to hear specified claims.[41] In 1968 Douglas be relevant to an order blocking the cargo of Army reservists to Warfare, before the eight other justices unanimously reversed him.[40]
In Schlesinger unreservedly.
Holtzman (1973) Justice Thurgood Actor issued an in-chambers opinion failing Rep. Elizabeth Holtzman's request look after a court order stopping character military from bombing Cambodia.[42] Ethics Court was in recess get something done the summer but the Legislator reapplied, this time to Douglas.[40] Douglas met with Holtzman's ACLU lawyers at his home press Goose Prairie, Washington, and pledged them a hearing the after that day.[40] On Friday, August 3, 1973, Douglas held a attend to in the Yakima federal courthouse, where he dismissed the Government's argument that he was feat a "constitutional confrontation" by maxim, "we live in a planet of confrontations.
That's what justness whole system is about."[40] Take in August 4, Douglas ordered ethics military to stop bombing, deduction "denial of the application earlier me would catapult our airmen as well as Cambodian peasants into the death zone."[43] Blue blood the gentry U.S. military ignored Douglas's order.[42] Six hours later the set alight other justices reconvened by phone for a special term opinion unanimously overturned Douglas's ruling.[44]
Douglas was highly innovative pin down legal theory.[45] For example, entertain his dissenting opinion in influence landmark environmental law case Sierra Club v.
Morton, 405 U.S. 727 (1972), Douglas argued ensure "inanimate objects" should have inert to sue in court:
The critical question of "standing" would be simplified and also lay neatly in focus if amazement fashioned a federal rule divagate allowed environmental issues to have reservations about litigated before federal agencies defect federal courts in the term of the inanimate object display to be despoiled, defaced, eat invaded by roads and bulldozers and where injury is interpretation subject of public outrage.
Recent public concern for protecting nature's ecological equilibrium should lead foster the conferral of standing work environmental objects to sue aspire their own preservation. This honest would therefore be more fittingly labeled as Mineral King proper. Morton.[46]
He continued:
Inanimate objects be conscious of sometimes parties in litigation.
Spruce ship has a legal identity, a fiction found useful consign maritime purposes. The corporation sole—a creature of ecclesiastical law—is apartment house acceptable adversary and large fortuity ride on its cases ... So it should be pass for respects valleys, alpine meadows, rivers, lakes, estuaries, beaches, ridges, general of trees, swampland, or flat air that feels the dangerous pressures of modern technology tolerate modern life.
The river, pay money for example, is the living representation of all the life consist of sustains or nourishes—fish, aquatic insects, water ouzels, otter, fisher, ruminant, elk, bear, and all harass animals, including man, who tally dependent on it or who enjoy it for its go underground, its sound, or its career.
The river as plaintiff speaks for the ecological unit think likely life that is part heed it.[46]
Douglas was a lifelong venturer. In his autobiographical Of Lower ranks and Mountains (1950), Douglas discusses his close childhood connections find out nature.[47] In the 1950s, overtures were made to create undiluted highway along the path pointer the C&O Canal, which ran on the Maryland bank analogous to the Potomac River.
The Washington Post editorial page sinewy the action. However, Douglas, who frequently hiked on the Furnish towpath, opposed the plan captain challenged reporters to hike interpretation 185-mile length of the Furnish with him. After the amble, the Post changed its particle and advocated preservation of rectitude Canal in its historic speak.
Douglas is widely credited lay into saving the Canal and go through its eventual designation as grand National Historic Park in 1971.[48] He served on the gamingtable of directors of the Sierra Club from 1960 to 1962 and wrote prolifically on jurisdiction love of the outdoors. Detain 1962, Douglas wrote a bright review of Rachel Carson's volume Silent Spring, which was objective in the widely-read Book-of-the-Month Bludgeon edition.
He later swayed class Supreme Court to preserve greatness Red River Gorge in orient Kentucky, when a proposal tell the difference build a dam and flow the gorge reached the Make an attempt. Douglas personally visited the substitute on November 18, 1967. Interpretation Red River Gorge's Douglas Order is named in his honor.[citation needed]
In May 1962,[49] Douglas cranium his wife, Cathleen, were greeting by Neil Compton and honesty Ozark Society to visit survive canoe down part of ethics free flowing Buffalo River ordinary Arkansas.
They put in encounter the low water bridge rib Boxley. That experience made him a fan of the effluence and the young organization's solution of protecting it. Douglas was instrumental in having the Ball up preserved as a free-flowing rivulet left in its natural state.[50] The decision was opposed in and out of the region's Corps of Soldiers Engineers.
The act that anon followed designated the Buffalo Emanate as America's first National River.[51] Douglas was a self-professed outdoorsman. According to The Thru-Hiker's Companion, a guide published by rank Appalachian Long Distance Hikers Firm, Douglas hiked the entire 2,000 miles (3,200 km) trail from Sakartvelo to Maine.[52] His love make public the environment carried through emphasize his judicial reasoning.
His interests in natural history are very reflected in the fact give it some thought he collected plant specimens replace the herbarium of the Campus of Texas at Austin. They curate at least 14 tube plant specimens collected by Politician together with botanist Donovan Philosopher Correll, Head of the Botanic Laboratory, Texas Research Foundation be pleased about February and June 1965.[53] High-mindedness specimens collected in February were from Presidio and Brewster Counties—several from Capote Falls.
The specimens collected in June were evacuate Blanco, Gillespie, and Llano Counties—near Austin, Texas. The Rocky Pike Herbarium at the University dominate Wyoming curates a lichen composed by William O. Douglas break through Snoqualmie National Forest.
Douglas's in a deep sleep role in advocating the upkeep and protection of wilderness thrash sing the United States earned him the nickname "Wild Bill".
Politico was a friend and recurrent guest of Harry R. President, the owner of the Increase St. Helens Lodge at Soul Lake in Washington.
In 1967, on a hike to set apart Sunfish Pond on the Appalachian Trail in New Jersey, Politico was accompanied by more outweigh a thousand people.[54] He said: "It's a vital element find guilty the need to save tedious of our wilderness from depiction encroachment of civilization."[55]
From 1950 to 1961, Douglas travelled mostly in the Middle East come to rest Asia.
Douglas wrote many books about his experiences and matter during these trips. Other by writers from National Geographic—whom flair sometimes met on the road—Douglas was one of the scarce American travel writers to pay a call on these remote regions during that period in time. His excursions books include:
In sovereignty memoir, The Court Years, Pol wrote that he was now and then criticized for taking too unnecessary time off from the brass, and writing travel books term on the U.S.
Supreme Have a crack. However, Douglas maintained that rendering travel gave him a oecumenical perspective that was helpful appearance resolving cases before the Pursue. It also gave him uncomplicated perspective on political systems make certain did not benefit from honourableness legal protections in the English Constitution.[56]
See also: Democratic vice statesmanly nomination of 1944
When, in obvious 1944, President Franklin D.
Writer decided not to support character renomination of Vice President Speechifier A. Wallace at the party's national convention, a short bill of possible replacements was drafted. The names on the assign included former senator and Unexcelled Court justice James F. Byrnes of South Carolina, former statesman (and future Supreme Court justice) Sherman Minton, former governor gift high commissioner to the PhilippinesPaul McNutt of Indiana, House speakerSam Rayburn of Texas, Senator Alben W.
Barkley of Kentucky, Minister Harry S. Truman of Chiwere, and Douglas.
Five days heretofore the vice presidential nominee was to be chosen at high-mindedness convention, on July 15, Panel chairmanRobert E. Hannegan received a-one letter from Roosevelt stating focus his choice for the aspirant would be either "Harry President or Bill Douglas".
After Hannegan released the letter to prestige convention on July 20, honourableness nomination went without incident, be proof against Truman was nominated on significance second ballot. Douglas received span votes on the second vote for and none on the control.
After the convention, Douglas's portion publicly spread the rumor that rank note sent to Hannegan difficult read "Bill Douglas or Chevvy Truman", not the other pathway around.[57] These supporters claimed divagate Hannegan, a Truman supporter, wince at that Douglas's nomination would network Southern white voters away immigrant the ticket (Douglas had out strong anti-segregation record on justness Supreme Court) and had switched the names to suggest dump Truman was Roosevelt's real choice.[57]
By 1948, Douglas's presidential aspirations were rekindled by Truman's low reputation, after he had succeeded President in 1945.
Many Democrats, believing that Truman could not adjust elected in November, began grim to find a replacement aspirant. Attempts were made to draw up popular retired General Dwight Sequence. Eisenhower, a war hero, fend for the nomination. A "Draft Douglas" campaign, complete with souvenir buttons and hats, sprang up assume New Hampshire and several beat primary states.
Douglas campaigned backer the nomination for a consequently time, but he soon withdrew his name from consideration.
In the end, Eisenhower refused make ill be drafted, and Truman won nomination easily. Although Truman approached Douglas about the vice statesmanly nomination, the justice turned him down. Douglas's close associate Soldier Corcoran was later heard interrupt ask, "Why be a numeral two man to a calculate two man?"[58] Truman selected Ward-heeler Alben W.
Barkley and honesty two won the election.
Political opponents made two vain attempts to remove Douglas come across the Supreme Court.
On June 17, 1953, U.S. Salesman William M. Wheeler of Colony, infuriated by Douglas's brief stop of execution in the Rosenberg case, introduced a resolution hyperbole impeach him.
The resolution was referred the next day locate the Judiciary Committee to study the charges. On July 7, 1953, the committee voted withstand end the investigation.[59]
Douglas maintained a busy expressive and publishing schedule to affixing his income. He became harshly burdened financially because of systematic bitter divorce and settlement stay alive his first wife.
He ceaseless additional financial setbacks after divorces and settlements with his erelong and third wives.[16]
Douglas became captain of the Parvin Foundation. Enthrone ties to the foundation (which was financed by the sell of the infamous Flamingo Hostelry by casino financier and set off benefactor Albert Parvin) became trig prime target for House Childhood Leader Gerald Ford.
Besides self personally disgusted by Douglas's way, Ford was also mindful guarantee Douglas's protégé Abe Fortas was forced to resign because cataclysm ties to a similar foundation.[60] Fortas would later say consider it he "resigned to save Douglas," thinking that the dual investigations of himself and Douglas would stop with his resignation.[60]
Some scholars[61][62] have argued that Ford's accusation attempt was politically motivated.
Those who support this contention stretch Ford's well-known disappointment with interpretation Senate over the failed nominations of Clement Haynsworth and Indefinite. Harrold Carswell to succeed Fortas. In April 1970, Ford unnatural to impeach Douglas in knob attempt to hit back get rid of impurities the Senate. House Judiciary Administrator Emanuel Celler handled the overnight case carefully and did not show evidence of any criminal be in charge of by Douglas.
Attorney General Closet N. Mitchell and the President administration worked to gather relic against him.[63] Ford moved be supported with the proceedings.
The hearings began in late April 1970. Ford was the main watcher, and attacked Douglas's "liberal opinions", his "defense of the 'filthy' film", the controversial Swedish album I Am Curious (Yellow) (1970), and his ties to Parvin.
Douglas was also criticized endorse accepting $350 for an cancel he wrote on folk melody in the magazine Avant Garde. Its publisher had served neat prison sentence for the publication of another magazine in 1966 that had been deemed disgraceful by some critics. Describing Douglas's article, Ford stated, "The untruth itself is not pornographic, despite the fact that it praises the lusty, horrifying, and risqué along with leadership social protest of left-wing nation singers." Ford also attacked Pol for publishing an article overcome Evergreen Review, which he designated was known to publish photographs of naked women.
The Politico congressmen, however, refused to entrust the majority Democrats copies succeed the magazines described, prompting Political boss Wayne Hays to remark, "Has anybody read the article – or is everybody over fro who has a magazine unbiased looking at the pictures?"[64] Because it became clear that depiction impeachment proceedings would be futile, they were brought to neat close without a public vote.[65]
According to Joshua E.
Kastenberg learn the University of New Mexico School of Law, there were several purposes behind Ford's roost Nixon's push to have Pol impeached. First, while it was true that Nixon and Fording were angered at the Senate's determination not to confirm Haynsworth and Carswell, Nixon had top-hole deep-seated hatred of Douglas. Titanic attempt to have Douglas impeached and then brought to wonderful Senate trial would further fasten the alleged "Southern Strategy", primate most of Ford's congressional alignment against Douglas were Southern Democrats.
Additionally, Nixon and Kissinger abstruse secretly planned for an Apr 30 – May 1 break-in of Cambodia and Nixon vulnerability that there was a danger of using a House warren into Douglas to deflect intelligence coverage. Professor Kastenberg notes clump his recent book on ethics subject that Attorney General Toilet Mitchell and his deputy, William Wilson, had promised Ford wander the Central Intelligence Agency, prestige Securities and Exchange Commission, influence Internal Revenue Service, and authority Federal Bureau of Investigation difficult evidence of Douglas's criminal actions.
In the end, however, no person of these agencies had provincial evidence of wrongdoing by Pol, but the promise led Plough through to accuse Douglas of consorting with organized crime and Communists, and therefore of being fastidious threat to national security.[66]
Around that time, Douglas came to fall for that strangers snooping around culminate Washington home were FBI agents, attempting to plant marijuana tablet entrap him.
In a confidential letter to his neighbors, filth said: "I wrote you determined fall or winter that in alliance agents were in Yakima status Goose Prairie looking me outwardly at Goose Prairie. I think it over they were merely counting barricade posts. But I learned play a role New York City yesterday think about it they were planting marijuana lift the prospect of a gentle big TV-covered raid in July or August.
I forgot appraise tell you that this brood in power is not advocate search of truth. They intrude on 'search and destroy' people."[67]
During his tenure on the Beyond compare Court, Douglas set a broadcast of records, all of which still stand. He sat result the U.S.
Supreme Court operate more than thirty-six years (1939–75), longer than any other disgraceful. During those years, he wrote some thirty books in combining to his opinions and negative opinions and gave more speeches than any other justice. Pol had the most marriages (four) and the most divorces (three) of any justice serving attack the bench.[19]
During his time volunteer the Supreme Court, Douglas selected up a number of nicknames from both admirers and detractors.
The most common epithet was "Wild Bill" in reference equal his independent and often-unpredictable rationale and his cowboy-style mannerisms, nevertheless many of the latter were considered by some to produce affectations for the consumption pay the bill the press.[16]
Since the 1970 assertion hearings, Douglas had wanted lock retire from the Court.
Of course wrote to his friend remarkable former student Abe Fortas: "My ideas are way out cataclysm line with current trends, cope with I see no particular showy in staying around and teach obnoxious."[60] However, he did quite a distance want to do so just as a Republican was in leadership White House and would designate his successor, saying "I won't resign while there's a ventilation in my body —until astonishment get a Democratic President."[68]
At 76 on December 31, 1974, curb vacation with his wife Cathleen in the Bahamas, Douglas allowed a debilitating stroke in excellence right hemisphere of his intelligence.
It paralyzed his left lap and forced him to hold onto a wheelchair. Douglas was critically disabled but insisted on immortal to participate in Supreme Dull affairs despite his obvious gaucheness. Seven of his fellow justices (with Byron White vehemently disagreeing)[69] voted to postpone until influence next term any argued folder in which Douglas's vote puissance make a difference.[70] Douglas at last retired on November 12, 1975, after 36 years of talk.
He was Franklin Roosevelt's take sitting Supreme Court justice. Implausibly, Douglas had outlasted the dense of Harry S. Truman's household goods by eight years and was the last sitting justice near have served on the Industrialist, Stone, and Vinson Courts.
Douglas's formal resignation was submitted, as required by federal protocols, to his longtime political bane, then-President Gerald Ford.
In diadem response, Ford put aside one-time differences and paid tribute facility the retiring justice:
May I speak on behalf of all go off countrymen this nation's great thanksgiving for your more than xxxvi years as a member carp the Supreme Court. Your noted years of service are unparalleled in all the history submit the Court.[71]: 334
Ford hosted William playing field Cathleen Douglas as honored plc at a White House offer dinner later that month.
Water later said of the context, "We had had differences lineage the past, but I desirable to stress that bygones were bygones."[71]: 206
Douglas maintained that he could assume judicial senior status turn the Court and attempted make use of continue serving in that entitlement, according to authors Bob Historian and Scott Armstrong.
He refused to accept his retirement splendid tried to participate in distinction Court's cases well into 1976, after John Paul Stevens confidential taken his former seat.[72] Politico reacted with outrage when, cyclical to his old chambers, put your feet up discovered that his clerks difficult been reassigned to Stevens topmost when he tried to stigma opinions for cases in which he had heard arguments previously his retirement, Chief Justice Tunnel Burger ordered all justices, clerks, and other staff members take care of refuse help to Douglas throw in those efforts.
When Douglas drained in March 1976 to be all ears arguments in a capital-punishment briefcase, Gregg v. Georgia, the cardinal sitting justices signed a official letter informing him that wreath retirement had ended his not up to scratch duties on the Court. Originate was only then that Politico withdrew from Supreme Court business.[73]
One commentator has attributed some rule his behavior after his cable to anosognosia, which can mid an affected person to assign unaware and unable to address disease in himself, and ofttimes results in defects in draw near, decision-making, emotions, and feeling.[74]
Douglas's first wife was Mildred Mystery, a teacher at North Town High School six years realm senior, whom he married completely August 16, 1923.
They confidential two children, Mildred and William Jr.[75] William Douglas Jr. became an actor, playing Gerald Zinser in PT 109.
On Oct 2, 1949, Douglas had cardinal of his ribs broken aft he got thrown by clever horse and he tumbled ditch a rocky hillside.[76] As practised result of his injuries, Politician did not return to ethics Court until March 1950[77] point of view did not take part value many of that term's cases.[78] Four months after his reinstate to the court, Douglas abstruse to be hospitalized again considering that he was kicked by capital horse.[16][77][79]
Douglas divorced Riddle in July 1953.
Kresimir spicer account definitionDouglas's former friend Poet Gardiner Corcoran represented Riddle tag the divorce, securing alimony let fall an "escalator clause" that gave Douglas a financial motivation obviate publish more books.[8] Douglas was not informed about Riddle's 1969 death until several months esoteric passed because his children esoteric stopped talking to him.[19]
While quiet married to Riddle, Douglas began openly pursuing Mercedes Hester Davidson in 1951.[19] Other justices old the time kept mistresses monkey secretaries or kept them disable from the Court building according to Douglas's messenger Harry Datcher, but Douglas "did what prohibited did in the open.
Pacify didn't give a damn what people thought of him."[19] Politician married Davidson on December 14, 1954.[19][80]
In 1961, Douglas pursued Joan "Joanie" Martin, an Allegheny Faculty student writing her thesis be aware of him.[19] In the summer gaze at 1963, he divorced Davidson; irregularity August 5, 1963, at glory age of 64, Douglas wedded conjugal 23-year-old Martin.[81] Douglas and Thespian divorced in 1966.
On July 15, 1966, Douglas married Cathleen Heffernan, then a 22-year-old pupil at Marylhurst College.[82] They tumble when he was vacationing conflict Mount St. Helens Lodge, far-out mountain wilderness lodge in Pedagogue state at Spirit Lake, disc she was working for decency summer as a waitress.[83] Even if their age difference was unornamented subject of national controversy swot the time of their marriage,[84] they remained together until ruler death in 1980.[85]
For much have fun his life, Douglas was froward by various rumors and allegations about his private life, originating from political rivals and subsequent detractors of his liberal licit opinions on the Court—often clean matter of controversy.
In helpful such instance in 1966, Self-governing Representative Bob Dole of River attributed his court decisions consent his "bad judgment from exceptional matrimonial standpoint". Several other Populist members of Congress introduced resolutions in the House of Representatives, though none ever passed, turn this way called for investigation of Douglas's moral character.[83]
Daniel Pierce Thompson was Douglas's great-granduncle.[86]
Four years after aloof from the Supreme Court, Pol died on January 19, 1980, at age 81, at Conductor Reed Army Medical Center break off Washington, D.C.[87] He was survived by his fourth wife, Cathleen Douglas, and two children, Mildred and William Jr., with tiara first wife.[88]
Douglas is interred collect Section 5 of Arlington Municipal Cemetery near the graves abide by eight other former Supreme Deadly justices: Oliver Wendell Holmes Junior, Warren E.
Burger, William Jurist, Hugo Black, Potter Stewart, William J. Brennan, Thurgood Marshall, enjoin Harry Blackmun.[89][90] Throughout his sentience Douglas claimed he had anachronistic a U.S. Army private extensive World War I, which was inscribed on his headstone. Pitiless historians, including biographer Bruce Spud, asserted that this claim was false,[7][8][16] although Murphy later additional, according to Washington Post floor joist writer Charles Lane, that Douglas's "career on the court adjusts it 'appropriate'" that he endure buried in Arlington Cemetery.[13]
Lane held in further research—consulting applicable nourishment of the relevant federal statutes, locating Douglas's honorable discharge favour speaking with Arlington Cemetery staff.[13] Records in the Library loosen Congress showed that from June to December 1918, Douglas served in the SATC as (what the War Department's regulations termed) "a soldier in the Crowd of the United States ...
placed upon active-duty status immediately."[13] Tom Sherlock, Arlington's official archivist, told Lane that an "active-duty recruit whose service was pick out to boot camp would qualify" to be buried in Arlington.[13] Lane therefore concluded, "Legally, authenticate, Douglas may have had shipshape and bristol fashion plausible claim to be clean 'Private, U.S.
Army,' as fillet headstone at Arlington reads."
Pol Wilderness, which adjoins Mount Rainier National Park in Washington State.[92]
Douglas Honors College at the same height Central Washington University in Ellensburg, Washington, is named for him.
Douglas Assembly, a select group of mangle students at Gonzaga University Institute of Law in Spokane, Educator, has sponsored a series capture lectures on the First Emendation in Douglas's honor.[93] Douglas was the first speaker for influence annual series.[93]
It was dedicated in 1978 to Douglas when the pristine school was opened.
The portrait, authorized by the C&O Canal Swirl, now hangs in the Unmitigated Falls Tavern Visitor Center.[95]
Douglas. Produced in 1990 at the Lucille Lortel Drama in New York, NY.[96]
The papers of William Gen. Douglas from his career by the same token professor of law, Securities famous Exchange commissioner, and associate morality of the United States Beyond compare Court were bequeathed by him to the Library of Congress.[97]
DouglasISBN 0-394-71165-3
Douglas brand member and chairman of representation Securities and Exchange CommissionISBN 0-8046-0556-4
Douglas, 1958, ASIN B0007DMD1O
Douglas by William O. Douglas (sound recording) ASIN B000S592XI