Word: harlan
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...personal social philosophy affect their interpretation of the Constitution. Given the independence of the judiciary, the attack seemed merely a sharp-and perhaps popular-political debating point. Yet the court's independence hangs in part on the vicissitudes of health among its members. Last week Justice John Marshall Harlan, 72, resigned because of severe illness only six days after the resignation of Justice Hugo L. Black, 85, who died last week in Bethesda Naval Hospital from the effects of a stroke. With Black's death, the court lost its most eminent civil libertarian and a Justice who, more...
...more immediate impact also is probable: the professional competence of the court will decline. Whatever the differences in their conclusions-and they were many-Justices Black and Harlan were the court's intellectual pillars, sustaining reputations for judicial integrity, dignity and tight reasoning through some of the court's most turbulent years. Combining half a century of service on the bench, they cannot be replaced by any pair who could immediately command a similar respect from their colleagues, or from the legal profession. Blemished by the resignation under fire of Justice Abe Fortas, the abortive attempts to impeach...
Kennedy said President Nixon has the "obligation to reflect the mood of the country" by appointing two liberal supreme court justices--men of the same "vision" as Justices Black and Harlan--and added he would be pleased to see a "qualified" woman justice on the bench...
...move the high bench away from the judicial activism of the Warren Court.* Since many feel that the era should more properly be labeled the "Black Court," it is fitting that its end may be marked by the senior Justice's retirement. Born in a tiny cabin in Harlan, Ala., Black made his way to the U.S. Senate in 1927 on a platform of populism. As a loyal New Dealer, he was Franklin Roosevelt's first appointment after the F.D.R. court-packing plan had failed. Black's entry to the court was stormy, as newspaper stories revealed...
...Justice John Harlan, 72, a very distant cousin of Black's, is also hospitalized. Should he resign, too, Nixon would have his fourth vacancy to fill...