The Judicial Record Of Justice William O Douglas

"Proceedings of the bar and officers of the Supreme Court of the United States ; proceedings before the Supreme Court of the United States."--T.p.

James F. Simon is Martin Professor of Law Emeritus and Dean Emeritus of New York Law School and the author of eight books on American history, law, and politics. This first major biography of Justice William O. Douglas presents a vital, human portrait of the most controversial man to sit on the U.S. Supreme Court in its 191 year history. Simon researched this book for three and a half years and interviewed Douglas's friends and enemies, his children, his wives and Douglas himself. His causes so offended conservative members of Congress that, on four separate occasions, they tried to impeach him. An insightful and intimate portrait of Douglas's generosity and pettiness, his genius and intellectual laziness, his personal problems and his public greatness.

From the late 1940s to the mid-1970s, American conservation politics underwent a transformation—and Supreme Court Justice William O. Douglas (1898-1980) was at the heart of this shift toward modern environmentalism. The Environmental Justice explores how Douglas, inspired by his youthful experiences hiking in the Pacific Northwest, eventually used his influence to contribute to American conservation thought, politics, and law. Justice Douglas was one of the nation’s most passionate conservationists. He led public protests in favor of wilderness near Washington, D.C., along Washington State’s Pacific coast, and many places in between. He wrote eloquent testimonies to the value of wilderness and society’s increasing need for it, both in his popular books and in his heartfelt judicial opinions celebrating nature and condemning those who would destroy it. He worked tirelessly to secure stronger legal protections for the environment, coordinating with a national network of conservationists and policymakers. As a sitting Supreme Court Justice, Douglas brought prestige to the conservation crusades of the time and the enormous symbolic power of legal authority at a time when the nation’s laws did not favor environmental protection. He understood the need for national solutions that included public involvement and protections of minority interests; the issues were nationally important and the forces against preservation were strong. In myriad situations Douglas promoted democratic action for conservation, public monitoring of government and business activities, and stronger laws to ensure environmental and political integrity. His passion for the environment helped to shape the modern environmental movement. For the first time, The Environmental Justice tells this story.

William Orville Douglas was both the most accomplished and the most controversial justice ever to serve on the United States Supreme Court. He emerged from isolated Yakima, Washington, to be dubbed, by the age of thirty, “the most outstanding law professor in the nation”; at age thirty-eight, he was the chairman of the Securities and Exchange Commission, cleaning up a corrupt Wall Street during the Great Depression; by the age of forty, he was the second youngest Supreme Court justice in American history, going on to serve longer—and to write more opinions and dissents—than any other justice. In evolving from a pro-government advocate in the 1940s to an icon of liberalism in the 1960s, Douglas became a champion for the rights of privacy, free speech, and the environment. While doing so, “Wild Bill” lived up to his nickname by racking up more marriages, more divorces, and more impeachment attempts aimed against him than any other member of the Court. But it was what Douglas did not accomplish that haunted him: He never fulfilled his mother’s ambition for him to become president of the United States. Douglas’s life was the stuff of novels, but with his eye on his public image and his potential electability to the White House, the truth was not good enough for him. Using what he called “literary license,” he wrote three memoirs in which the American public was led to believe that he had suffered from polio as an infant and was raised by an impoverished, widowed mother whose life savings were stolen by the family attorney. He further chronicled his time as a poverty-stricken student sleeping in a tent while attending Whitman College, serving as a private in the army during World War I, and “riding the rods” like a hobo to attend Columbia Law School. Relying on fifteen years of exhaustive research in eighty-six manuscript collections, revealing long-hidden documents, and interviews conducted with more than one hundred people, many sharing their recollections for the first time, Bruce Allen Murphy reveals the truth behind Douglas’s carefully constructed image. While William O. Douglas wrote fiction in the form of memoir, Murphy presents the truth with a narrative flair that reads like a novel.

The politics of division and distraction, conservatives’ claims of liberalism’s dangers, the wisdom of amoral foreign policy, a partisan challenge to a Supreme Court justice, and threats to the constitutionally mandated balance between the three branches of government: however of the moment these matters might seem, they are clearly presaged in events chronicled by Joshua E. Kastenberg in this book, the first in-depth account of a campaign to impeach Supreme Court justice William O. Douglas nearly fifty years ago. On April 15, 1970, at President Richard Nixon’s behest, Republican House Minority Leader Gerald Ford brazenly called for the impeachment of Douglas, the nation’s leading liberal judge—and the House Judiciary Committee responded with a six-month investigation, while the Senate awaited a potential trial that never occurred. Ford’s actions against Douglas mirrored the anger that millions of Americans, then as now, harbored toward changing social, economic, and moral norms, and a federal government seemingly unconcerned with the lives of everyday working white Americans. Those actions also reflected, as this book reveals, what came to be known as the Republicans’ “southern strategy,” a cynical attempt to exploit the hostility of white southern voters toward the civil rights movement. Kastenberg describes the political actors, ambitions, alliances, and maneuvers behind the move to impeach Douglas—including the Nixon administration’s vain hope of deflecting attention from a surprisingly unpopular invasion of Cambodia—and follows the ill-advised effort to its ignominious conclusion, with consequences that resonate to this day. Marking a turning point in American politics, The Campaign to Impeach Justice William O. Douglas is a sobering, cautionary tale, a critical chapter in the history of constitutional malfeasance, and a reminder of the importance of judicial independence in a politically polarized age.