The Legacy of Chief Justice Fortas
18 Green Bag 2d 261 (2015)
8 Pages Posted: 29 Apr 2015 Last revised: 31 Aug 2017
Date Written: April 28, 2015
This paper explores the retirement of Chief Justice Earl Warren in 1968 and President Lyndon Johnson's unsuccessful effort to make Justice Abe Fortas Warren's successor. The collapse of the Fortas nomination led to the establishment of two significant norms: (1) a Justice should not retire during a presidential election year; and (2) a Justice should not serve as a presidential advisor.
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