William O. Douglas
William O. Douglas | |
---|---|
Associate Justice of the Supreme Court of the United States | |
In office April 17, 1939 – November 12, 1975[1] | |
Nominated by | Franklin D. Roosevelt |
Preceded by | Louis Brandeis |
Succeeded by | John Paul Stevens |
3rd Chairman of the Securities and Exchange Commission | |
In office August 17, 1937 – April 15, 1939 | |
President | Franklin D. Roosevelt |
Preceded by | James M. Landis |
Succeeded by | Jerome Frank |
Member of the Securities and Exchange Commission | |
In office January 24, 1936 – April 15, 1939 | |
President | Franklin D. Roosevelt |
Preceded by | Joseph P. Kennedy Sr. |
Succeeded by | Leon Henderson |
Personal details | |
Born | William Orville Douglas October 16, 1898 Maine Township, Minnesota, U.S. |
Died | January 19, 1980 Bethesda, Maryland, U.S. | (aged 81)
Political party | Democratic |
Spouses |
|
Children | 2 |
Education | Student Army Training Corps, Whitman College |
Battles/wars | World War I |
This article is part of a series on |
Liberalism in the United States |
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William Orville Douglas (October 16, 1898 – January 19, 1980) was an American jurist who served as an
After an itinerant childhood, Douglas attended
Douglas's notable opinions included
Early life and education
Douglas was born in 1898 in
His father died in Portland, Oregon in 1904, when Douglas was six years old. Douglas later claimed his mother had been left destitute.[6] After moving the family from town to town in the West, his mother, with three young children, settled in Yakima, Washington. William, like the rest of the Douglas family, did odd jobs to earn extra money, and a college education appeared to be unaffordable. He was the valedictorian at Yakima High School and did well enough in school to earn a full academic scholarship to attend Whitman College in Walla Walla, Washington.[8]
At Whitman, Douglas became a member of
Douglas was inducted into
Military service
In the summer of 1918, Douglas took part in a U.S. Army
Law school
He traveled[
In August 1923, Douglas traveled to La Grande, Oregon, to marry Mildred Riddle, whom he had known in Yakima.[7] Douglas graduated second in his class at Columbia in 1925.
During the summer of 1925, Douglas started work at the firm of Cravath, DeGersdorff, Swaine and Wood (later
Yale Law School
Douglas quit the Cravath firm after four months. After one year, he moved back to Yakima, but soon regretted the move and never practiced law in Washington. After a time of unemployment and another months-long stint at Cravath, he started teaching at Columbia Law School.[
Securities and Exchange Commission
In 1934, Douglas left Yale after President
Supreme Court
In 1939, Justice
Relationships with others at Supreme Court
Douglas was often at odds with fellow justice
Judge
Judicial philosophy
In general, legal scholars have noted that Douglas's judicial style was unusual in that he did not attempt to elaborate justifications for his judicial positions on the basis of text, history, or precedent. Douglas was known for writing short, pithy opinions which relied on philosophical insights, observations about current politics, and literature, as much as more conventional judicial sources. Douglas wrote many of his opinions in twenty minutes, often publishing the first draft.[18] Douglas was also known for his fearsome work ethic, by publishing over thirty books and once telling an exhausted secretary, Fay Aull, "If you hadn't stopped working, you wouldn't be tired."[18]
Douglas frequently disagreed with the other justices, dissenting in almost 40% of cases, more than half of the time writing only for himself.[18] Ronald Dworkin would conclude that because Douglas believed his convictions were merely "a matter of his own emotional biases," Douglas would fail to meet "minimal intellectual responsibilities."[24] Ultimately, Douglas believed that a judge's role was "not neutral" as "The Constitution is not neutral. It was designed to take the government off the backs of the people."[25]
Douglas has been widely characterized as a
In 1944, Douglas voted with the majority to uphold the wartime internment of Japanese Americans in Korematsu v. United States after having initially planned to dissent, a vote he later regretted,[28] but, over the course of his career, he grew to become a leading advocate of individual rights. He was suspicious of majority rule as it related to social and moral questions, and frequently expressed concern about forced conformity with "the Establishment". For example, Douglas wrote the decision in Griswold v. Connecticut (1965) in stating that a constitutional right to privacy forbids state contraception bans because "specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance."[19][29] That went too far for Hugo Black, who dissented in Griswold despite having been allies with Douglas. Justice Clarence Thomas would years later hang a sign in his chambers reading, "Please don't emanate in the penumbras."[18] Conservative Judge Robert Bork had no objection to the concept of penumbras, writing, "There is nothing exceptional about [Douglas's] thought, other than the language of penumbras and emanations. Courts often give protection to a constitutional freedom by creating a buffer zone, by prohibiting a government from doing something not in itself forbidden but likely to lead to an invasion of a right specified in the Constitution."[30] Prof. David P. Currie of the University of Chicago Law School called Douglas's Griswold opinion "one of the most hypocritical opinions in the history of the Court."[31]
Douglas and Black also disagreed in Fortson v. Morris (1967), which cleared the path for the
Douglas was notable as a public pre-
There has long been a school of thought here that the less the judiciary does, the better. It is often said that judicial intrusion should be infrequent, since it is "always attended with a serious evil, namely, that the correction of legislative mistakes comes from the outside, and the people thus lose the political experience, and the moral education and stimulus that come from fighting the question out in the ordinary way, and correcting their own errors"; that the effect of a participation by the judiciary in these processes is "to dwarf the political capacity of the people, and to deaden its sense of moral responsibility." J. Thayer, John Marshall 106, 107 (1901).¶ The late Edmond Cahn, who opposed that view, stated my philosophy. He emphasized the importance of the role that the federal judiciary was designed to play in guarding basic rights against majoritarian control. ... His description of our constitutional tradition was in these words: "Be not reasonable with inquisitions, anonymous informers, and secret files that mock American justice. Be not reasonable with punitive denationalizations, ex post facto deportations, labels of disloyalty, and all the other stratagems for outlawing human beings from the community of mankind. These devices have put us to shame. Exercise the full judicial power of the United States; nullify them, forbid them, and make us proud again." Can the Supreme Court Defend Civil Liberties? in Samuel, ed., Toward a Better America 132, 144 -145 (1968).[37]
"Critics have sometimes charged that [Douglas] was result oriented and guilty of oversimplification; those who understand how he thought, and who share his compassion, conscience, and sense of fair dealing, see him as courageous and farsighted."[38] "There is no necessary contradiction between these two views."[31]
Rosenberg case
On June 17, 1953, Douglas granted a temporary
When
Vietnam War
Douglas took strong positions on the Vietnam War. In 1952, Douglas traveled to Vietnam and met with Ho Chi Minh. During the trip Douglas became friendly with Ngo Dinh Diem and in 1953 he personally introduced the nationalist leader to senators Mike Mansfield and John F. Kennedy. Douglas became one of the chief promoters for U.S. support of Diem, with CIA deputy director Robert Amory crediting Diem becoming "our man in Indochina" to a conversation with Douglas during a party at Martin Agronsky's house.[40]
After Diem's assassination in November 1963, Douglas became strongly critical of the war, believing Diem had been killed because he "was not sufficiently servile to Pentagon demands."[40] Douglas now outspokenly argued the war was illegal, dissenting whenever the Court passed on an opportunity to hear such claims.[41] In 1968 Douglas issued an order blocking the shipment of Army reservists to Vietnam, before the eight other justices unanimously reversed him.[40]
In Schlesinger v. Holtzman (1973) Justice Thurgood Marshall issued an in-chambers opinion declining Rep. Elizabeth Holtzman's request for a court order stopping the military from bombing Cambodia.[42] The Court was in recess for the summer but the Congresswoman reapplied, this time to Douglas.[40] Douglas met with Holtzman's ACLU lawyers at his home in Goose Prairie, Washington, and promised them a hearing the next day.[40] On Friday, August 3, 1973, Douglas held a hearing in the Yakima federal courthouse, where he dismissed the Government's argument that he was causing a "constitutional confrontation" by saying, "we live in a world of confrontations. That's what the whole system is about."[40] On August 4, Douglas ordered the military to stop bombing, reasoning "denial of the application before me would catapult our airmen as well as Cambodian peasants into the death zone."[43] The U.S. military ignored Douglas's order.[42] Six hours later the eight other justices reconvened by telephone for a special term and unanimously overturned Douglas's ruling.[44]
"Trees have standing"
Douglas was highly innovative in legal theory.[45] For example, in his dissenting opinion in the landmark environmental law case Sierra Club v. Morton, 405 U.S. 727 (1972), Douglas argued that "inanimate objects" should have standing to sue in court:
The critical question of "standing" would be simplified and also put neatly in focus if we fashioned a federal rule that allowed environmental issues to be litigated before federal agencies or federal courts in the name of the inanimate object about to be despoiled, defaced, or invaded by roads and bulldozers and where injury is the subject of public outrage. Contemporary public concern for protecting nature's ecological equilibrium should lead to the conferral of standing upon environmental objects to sue for their own preservation. This suit would therefore be more properly labeled as Mineral King v. Morton.[46]
He continued:
Inanimate objects are sometimes parties in litigation. A ship has a legal personality, a fiction found useful for maritime purposes. The corporation sole—a creature of ecclesiastical law—is an acceptable adversary and large fortunes ride on its cases ... So it should be as respects valleys, alpine meadows, rivers, lakes, estuaries, beaches, ridges, groves of trees, swampland, or even air that feels the destructive pressures of modern technology and modern life. The river, for example, is the living symbol of all the life it sustains or nourishes—fish, aquatic insects, water ouzels, otter, fisher, deer, elk, bear, and all other animals, including man, who are dependent on it or who enjoy it for its sight, its sound, or its life. The river as plaintiff speaks for the ecological unit of life that is part of it.[46]
Environmentalism
Douglas was a lifelong
In May 1962,[49] Douglas and his wife, Cathleen, were invited by Neil Compton and the Ozark Society to visit and canoe down part of the free flowing Buffalo River in Arkansas. They put in at the low water bridge at Boxley. That experience made him a fan of the river and the young organization's idea of protecting it. Douglas was instrumental in having the Buffalo preserved as a free-flowing river left in its natural state.[50] The decision was opposed by the region's Corps of Army Engineers. The act that soon followed designated the Buffalo River as America's first National River.[51] Douglas was a self-professed outdoorsman. According to The Thru-Hiker's Companion, a guide published by the Appalachian Long Distance Hikers Association, Douglas hiked the entire 2,000 miles (3,200 km) trail from Georgia to Maine.[52] His love for the environment carried through to his judicial reasoning. His interests in natural history are also reflected in the fact that he collected plant specimens for the herbarium of the University of Texas at Austin. They curate at least 14 vascular plant specimens collected by Douglas together with botanist Donovan Stewart Correll, Head of the Botanical Laboratory, Texas Research Foundation in February and June 1965.[53] The specimens collected in February were from Presidio and Brewster Counties—several from Capote Falls. The specimens collected in June were from Blanco, Gillespie, and Llano Counties—near Austin, Texas. The Rocky Mountain Herbarium at the University of Wyoming curates a lichen collected by William O. Douglas in Snoqualmie National Forest.
Douglas's active role in advocating the preservation and protection of wilderness across the United States earned him the nickname "Wild Bill". Douglas was a friend and frequent guest of Harry R. Truman, the owner of the Mount St. Helens Lodge at Spirit Lake in Washington.
In 1967, on a hike to save Sunfish Pond on the Appalachian Trail in New Jersey, Douglas was accompanied by more than a thousand people.[54] He said: "It's a vital element in the need to save some of our wilderness from the encroachment of civilization."[55]
Travel writing
From 1950 to 1961, Douglas travelled extensively in the Middle East and Asia. Douglas wrote many books about his experiences and observations during these trips. Other than writers from National Geographic—whom he sometimes met on the road—Douglas was one of the few American travel writers to visit these remote regions during this period in time. His travel books include:
- Strange Lands and Friendly People (1950)
- Beyond the High Himalayas (1952)
- North From Malaya (1953)
- Russian Journey (1956)
- Exploring the Himalaya (1958)
- West of the Indus (1958)
- My Wilderness, The Pacific West (1960)
- My Wilderness, East to Katahdin (1961)
In his memoir, The Court Years, Douglas wrote that he was sometimes criticized for taking too much time off from the bench, and writing travel books while on the U.S. Supreme Court. However, Douglas maintained that the travel gave him a world-wide perspective that was helpful in resolving cases before the Court. It also gave him a perspective on political systems that did not benefit from the legal protections in the American Constitution.[56]
Presidential politics
When, in early 1944, President Franklin D. Roosevelt decided not to support the renomination of Vice President
Five days before the vice presidential nominee was to be chosen at the convention, on July 15, Committee chairman Robert E. Hannegan received a letter from Roosevelt stating that his choice for the nominee would be either "Harry Truman or Bill Douglas". After Hannegan released the letter to the convention on July 20, the nomination went without incident, and Truman was nominated on the second ballot. Douglas received two votes on the second ballot and none on the first.
After the convention, Douglas's supporters spread the rumor that the note sent to Hannegan had read "Bill Douglas or Harry Truman", not the other way around.[57] These supporters claimed that Hannegan, a Truman supporter, feared that Douglas's nomination would drive Southern white voters away from the ticket (Douglas had a strong anti-segregation record on the Supreme Court) and had switched the names to suggest that Truman was Roosevelt's real choice.[57]
By 1948, Douglas's presidential aspirations were rekindled by Truman's low popularity, after he had succeeded Roosevelt in 1945. Many Democrats, believing that Truman could not be elected in November, began trying to find a replacement candidate. Attempts were made to draft popular retired General Dwight D. Eisenhower, a war hero, for the nomination. A "Draft Douglas" campaign, complete with souvenir buttons and hats, sprang up in New Hampshire and several other primary states. Douglas campaigned for the nomination for a short time, but he soon withdrew his name from consideration.
In the end, Eisenhower refused to be drafted, and Truman won nomination easily. Although Truman approached Douglas about the vice presidential nomination, the justice turned him down. Douglas's close associate Tommy Corcoran was later heard to ask, "Why be a number two man to a number two man?"[58] Truman selected Senator Alben W. Barkley and the two won the election.
Impeachment attempts
Political opponents made two unsuccessful attempts to remove Douglas from the Supreme Court.
Rosenberg case
On June 17, 1953, U.S. Representative
1970 impeachment attempt fails
Douglas maintained a busy speaking and publishing schedule to supplement his income. He became severely burdened financially because of a bitter divorce and settlement with his first wife. He sustained additional financial setbacks after divorces and settlements with his second and third wives.[15]
Douglas became president of the Parvin Foundation. His ties to the foundation (which was financed by the sale of the infamous
Some scholars[61][62] have argued that Ford's impeachment attempt was politically motivated. Those who support this contention note Ford's well-known disappointment with the Senate over the failed nominations of Clement Haynsworth and G. Harrold Carswell to succeed Fortas. In April 1970, Ford moved to impeach Douglas in an attempt to hit back at the Senate. House Judiciary Chairman Emanuel Celler handled the case carefully and did not uncover evidence of any criminal conduct by Douglas. Attorney General John N. Mitchell and the Nixon administration worked to gather evidence against him.[63] Ford moved forward with the proceedings.
The hearings began in late April 1970. Ford was the main witness, and attacked Douglas's "liberal opinions", his "defense of the 'filthy' film", the controversial Swedish film
According to Joshua E. Kastenberg of the University of New Mexico School of Law, there were several purposes behind Ford's and Nixon's push to have Douglas impeached. First, while it was true that Nixon and Ford were angered at the Senate's determination not to confirm Haynsworth and Carswell, Nixon had a deep-seated hatred of Douglas. An attempt to have Douglas impeached and then brought to a Senate trial would further cement the alleged "Southern Strategy", as most of Ford's congressional allies against Douglas were Southern Democrats. Additionally, Nixon and Kissinger had secretly planned for an April 30 – May 1 invasion of Cambodia and Nixon thought that there was a possibility of using a House investigation into Douglas to deflect news coverage. Professor Kastenberg notes in his recent book on the subject that Attorney General John Mitchell and his deputy, William Wilson, had promised Ford that the Central Intelligence Agency, the Securities and Exchange Commission, the Internal Revenue Service, and the Federal Bureau of Investigation had evidence of Douglas's criminal conduct. In the end, however, none of these agencies had any evidence of wrongdoing by Douglas, but the promise led Ford to accuse Douglas of consorting with organized crime and Communists, and therefore of being a threat to national security.[66]
Around this time, Douglas came to believe that strangers snooping around his Washington home were
Judicial record-setter
During his tenure on the Supreme Court, Douglas set a number of records, all of which still stand. He sat on the U.S. Supreme Court for more than thirty-six years (1939–75), longer than any other justice. During those years, he wrote some thirty books in addition to his
Nicknames
During his time on the Supreme Court, Douglas picked up a number of
Retirement
Since the 1970 impeachment hearings, Douglas had wanted to retire from the Court. He wrote to his friend and former student Abe Fortas: "My ideas are way out of line with current trends, and I see no particular point in staying around and being obnoxious."[60] However, he did not want to do so when a Republican was in the White House and would nominate his successor, saying "I won't resign while there's a breath in my body —until we get a Democratic President."[68]
At 76 on December 31, 1974, on vacation with his wife Cathleen in the
Douglas's formal resignation was submitted, as required by federal protocols, to his longtime political nemesis, then-President Gerald Ford. In his response, Ford put aside previous differences and paid tribute to the retiring justice:
May I express on behalf of all our countrymen this nation's great gratitude for your more than thirty-six years as a member of the Supreme Court. Your distinguished years of service are unequaled in all the history of the Court.[70]: 334
Ford hosted William and Cathleen Douglas as honored guests at a White House
Douglas maintained that he could assume judicial
One commentator has attributed some of his behavior after his stroke to anosognosia, which can lead an affected person to be unaware and unable to acknowledge disease in himself, and often results in defects in reasoning, decision-making, emotions, and feeling.[73]
Personal life
Douglas's first wife was Mildred Riddle, a teacher at North Yakima High School six years his senior, whom he married on August 16, 1923. They had two children, Mildred and William Jr.[74] William Douglas Jr. became an actor, playing Gerald Zinser in PT 109.
On October 2, 1949, Douglas had thirteen of his ribs broken after he got thrown by a horse and he tumbled down a rocky hillside.[75] As a result of his injuries, Douglas did not return to the Court until March 1950,[76] and did not take part in many of that term's cases.[77] Four months after his return to the court, Douglas had to be hospitalized again when he was kicked by a horse.[15][76][78]
Douglas divorced Riddle in July 1953. Douglas's former friend Thomas Gardiner Corcoran represented Riddle in the divorce, securing alimony with an "escalator clause" that financially motivated Douglas to publish more books.[7] Douglas was not informed about Riddle's 1969 death until several months had passed because his children had stopped talking to him.[18]
While still married to Riddle, Douglas began openly pursuing Mercedes Hester Davidson in 1951.[18] Other justices at the time kept mistresses as secretaries or kept them away from the Court building according to Douglas's messenger Harry Datcher, but Douglas "did what he did in the open. He didn't give a damn what people thought of him."[18] Douglas married Davidson on December 14, 1954.[18][79]
In 1961, Douglas pursued Joan "Joanie" Martin, an Allegheny College student writing her thesis on him.[18] In the summer of 1963, he divorced Davidson; on August 5, 1963, at the age of 64, Douglas married 23-year-old Martin .[80] Douglas and Martin divorced in 1966.
On July 15, 1966, Douglas married Cathleen Heffernan, then a 22-year-old student at Marylhurst College.[81] They met when he was vacationing at Mount St. Helens Lodge, a mountain wilderness lodge in Washington state at Spirit Lake, where she was working for the summer as a waitress.[82] Though their age difference was a subject of national controversy at the time of their marriage,[83] they remained together until his death in 1980.[84]
For much of his life, Douglas was dogged by various rumors and allegations about his private life, originating from political rivals and other detractors of his liberal legal opinions on the Court—often a matter of controversy. In one such instance in 1966, Republican Representative Bob Dole of Kansas attributed his court decisions to his "bad judgment from a matrimonial standpoint". Several other Republican members of Congress introduced resolutions in the House of Representatives, though none ever passed, that called for investigation of Douglas's moral character.[82]
Death
Four years after retiring from the Supreme Court, Douglas died on January 19, 1980, at age 81, at Walter Reed Hospital in Bethesda, MD. He was survived by his fourth wife, Cathleen Douglas, and two children, Mildred and William Jr., with his first wife.[citation needed]
Douglas is interred in Section 5 of Arlington National Cemetery near the graves of eight other former Supreme Court justices:
Lane engaged in further research—consulting applicable provisions of the relevant federal statutes, locating Douglas's honorable discharge and speaking with Arlington Cemetery staff.[12] Records in the Library of 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 Army of the United States ... placed upon active-duty status immediately."[12] Tom Sherlock, Arlington's official historian, told Lane that an "active-duty recruit whose service was limited to boot camp would qualify" to be buried in Arlington.[12] Lane therefore concluded, "Legally, then, Douglas may have had a plausible claim to be a 'Private, U.S. Army,' as his headstone at Arlington reads."
Legacy and honors
- In 1962, Douglas was awarded the National Audubon Society's highest honor, the Audubon Medal.[87]
- The 1984 Washington Wilderness Act designated the Cougar Lake Roadless area as the William O. Douglas Wilderness, which adjoins Mount Rainier National Park in Washington State.[88]
- Douglas Falls, in the Appalachian Mountains of North Carolina, is supposedly named for him.
- The William O. Douglas Outdoor Classroom in Beverly Hills, California, is named for him.
- Douglas was elected to the Ecology Hall of Fame for his dedication to conservation.
- The William O. Douglas Honors College at Central Washington University in Ellensburg, Washington, is named for him.
- The William O. Douglas Federal Building, a historic post office, courthouse, and federal office building in Yakima, Washington, which is listed in the National Register of Historic Places, was renamed in his honor in 1978.
- Since 1972, the William O. Douglas Committee, a select group of law students at Gonzaga University School of Law in Spokane, Washington, has sponsored a series of lectures on the First Amendment in Douglas's honor.[89] Douglas was the first speaker for the annual series.[89]
- A statue of Douglas was installed at A.C. Davis High School, in Yakima, Washington. It was dedicated in 1978 to Douglas when the new school was opened.
- William O. Douglas Hall was named in his honor at his alma mater, Whitman College.
- Douglas Hall, apartments for continuing students at Earl Warren College, at the University of California, San Diego, is named for him as well.
- In 1977, a bust of Douglas was erected along the C&O Canal Association, now hangs in the Great Falls Tavern Visitor Center.[91]
- Douglas Trail, which leads to the Appalachian Trail and Sunfish Pond in New Jersey, is named after him.[54]
- Mountain - The Journey of Justice Douglas is a play written by Douglas Scott which explores the life of William O. Douglas. Produced in 1990 at the Lucille Lortel Theatre in New York, NY.[92]
In popular culture
- The 1960s television sitcom Green Acres starred Eddie Albert as a character named Oliver Wendell Douglas, a Manhattan white-shoe lawyer who gives up the law to become a farmer. His name is a combination of two Supreme Court Justices, Douglas and Oliver Wendell Holmes Jr.
Bibliography
The papers of William O. Douglas from his career as professor of law, Securities and Exchange commissioner, and associate justice of the United States Supreme Court were bequeathed by him to the Library of Congress.[93]
- ISBN 0-394-71165-3
- The Court Years, 1939 to 1975: The Autobiography of William O. Douglas ISBN 0-394-49240-4
- "Mr. Lincoln & the Negroes: The Long Road to Equality", 1963, Atheneum Press, New York. LCCN 63-17851
- Democracy and finance: The addresses and public statements of William O. Douglas as member and chairman of the Securities and Exchange Commission ISBN 0-8046-0556-4
- Nature's Justice: Writings of William O. Douglas ISBN 0-87071-482-1
- Strange Lands and Friendly People, by William O. Douglas ISBN 1-4067-7204-6
- West of the Indus, by William O. Douglas, 1958, ASIN B0007DMD1O
- Beyond the High Himalayas, by William O. Douglas, 1952 ISBN 112112979X
- North From Malaya, by William O. Douglas ASIN B000UCP8IW
- Points of Rebellion, by William O. Douglas ISBN 0-394-44068-4
- An Interview with William O. Douglas by William O. Douglas (sound recording) ASIN B000S592XI
- An Interview with William O. Douglas, Folkway Records FW 07350
- The Mike Wallace Interview, with Mike Wallace May 11, 1958 (video)
- The Mike Wallace Interview, May 11, 1958 (transcript)
Douglas was also a contributor to Playboy magazine:[94][95]
- "The Attack on [the right to] Privacy" (December 1967)
- "[An Inquest] On Our Lakes and Rivers" (June 1968)
- "Civil liberties: The Crucial Issue" (January 1969)
- "The Public be Damned" (July 1969)
- "Points of Rebellion" (October 1970)
See also
- List of justices of the Supreme Court of the United States
- List of law clerks of the Supreme Court of the United States (Seat 4)
- List of United States Supreme Court justices by time in office
- List of United States federal judges by longevity of service
- United States Supreme Court cases during the Burger Court
- United States Supreme Court cases during the Hughes Court
- United States Supreme Court cases during the Stone Court
- United States Supreme Court cases during the Vinson Court
- United States Supreme Court cases during the Warren Court
- William O. Douglas Prize
Notes
- ^ Joseph Story (32), William Johnson (32), Bushrod Washington (36), and James Iredell (38) were younger.[21]
References
- ^ "Members of the Supreme Court of the United States". Supreme Court of the United States. Archived from the original on April 29, 2010. Retrieved April 21, 2010.
- ^ Martin, Andrew D. "Martin-Quinn Scores".
- ^ "The Law: The Court's Uncompromising Libertarian". Time.com. November 24, 1975. Archived from the original on May 5, 2011. Retrieved June 21, 2015.
- ^ Ernest Kerr, Imprint of the Maritimes, 1959, Boston: Christopher Publishing, p. 83.
- ISBN 9781608718337. Archivedfrom the original on October 19, 2013. Retrieved June 21, 2015.
- ^ a b c Ryerson, James (April 13, 2003). "Dirty Rotten Hero". The New York Times. Archived from the original on April 15, 2020. Retrieved May 1, 2016.
- ^ a b c d e f g Richard A. Posner, "The Anti-Hero" Archived October 18, 2015, at the Wayback Machine, The New Republic (February 24, 2003).
- ^ a b c Current Biography 1941, pp. 233–235
- ^ Whitman, Alden. (1980). "Vigorous Defender of Rights," The New York Times, 20 January 1980, p. 28.
- ^ Phi Beta Kappa Society. "U.S. Supreme Court Justices". www.pbk.org. Retrieved March 9, 2022.
- ^ Charles Lane, On Further Review, It's Hard to Bury Douglas's Arlington Claim Archived June 11, 2016, at the Wayback Machine, Washington Post (February 14, 2003).
- ^ a b c d e f Charles Lane, On Further Review.
- ^ a b Current Biography 1941, p. 234
- ^ Swain, Robert T. The Cravath Firm and Its Predecessors, 1819–1947, Volume 1 The Lawbook Exchange, Ltd. orig. pub. 1946–1948 p. xv.
- ^ ISBN 0394576284.
- ^ Kai Bird (1992). The Chairman: John J. McCloy – The Making of the American Establishment, p. 64.
- ^ "Lyr Add: Humoresque (various versions)". Mudcat.org. Archived from the original on October 18, 2015. Retrieved June 21, 2015.
- ^ a b c d e f g h i j k Garrow, David J. (March 27, 2003). "The Tragedy of William O. Douglas". The Nation. Archived from the original on March 27, 2016. Retrieved May 1, 2016.
- ^ ISBN 978-0-618-32969-4. Retrieved October 21, 2008.
- ISBN 978-0-618-32969-4. Retrieved October 21, 2008.
- ^ a b Buckfire, Lawrence J. (2022). "Supreme Court Justices' Ages at Appointment". Student Guide: U.S. Supreme Court Justice Facts & Information. Southfield, MI: Buckfire Law Firm. Retrieved May 16, 2022.
- ^ Ball, Howard & Cooper, Phillip J., Of Power and Right, (1992), pp. 90-93, Oxford University Press
- ^ John Giuffo (November 10, 2005). "Judge Posner Profiled in Columbia Journalism Review". www.law.uchicago.edu. University of Chicago Law School. Archived from the original on October 26, 2023. Retrieved June 3, 2022.
- ^ Dworkin, Ronald (February 19, 1981). "Dissent on Douglas". The New York Review of Books. Archived from the original on June 3, 2016. Retrieved May 1, 2016.
- ISBN 9780394492407.
- ^ Robertson, Stephen. "William Douglas". The First Amendment Encyclopedia. Retrieved December 24, 2021.
- ISBN 9780806514185.
- ISBN 9780394492407. Retrieved October 5, 2022.
- ^ Griswold v. Connecticut, 381 U.S. 479 (1965)
- ^ Bork, Robert, (1990), The Tempting of America, p. 97, Simon & Schuster, New York
- ^ a b Currie, David P., (1990), The Constitution in the Supreme Court, Second Century, 1888-1986, p. 455, University of Chicago Press
- ^ Martin, Andrew D. "Martin-Quinn Scores".
- ^ Strauss, David (June 7, 2011). "The Last Liberal Justice?". Democracy.
- ^ Driver, Justin. ""Justice Brennan:Liberal Champion"". The New Republic. Retrieved August 5, 2022.
- ISBN 9780465015146.
- ^ "Boutilier v. INS". Oyez. Retrieved August 3, 2022.
- ^ Flast v. Cohen, 392 U.S. 110 (1968)
- ^ Ginsburg, Reflections of Justice Douglas's First Law Clerk, 93 Harv. L. Rev. 1403, 1406 (1980).
- ^ "House Move to Impeach Douglas Bogs Down; Sponsor Is Told He Fails to Prove His Case," The New York Times, Wednesday, July 1, 1953, p. 18.
- ^ a b c d e f Moses, James L.. 1996. "William O. Douglas and the Vietnam War: Civil Liberties, Presidential Authority, and the 'Political Question.'" Archived September 6, 2018, at the Wayback Machine Presidential Studies Quarterly 26 (4). [Wiley, Center for the Study of the Presidency and Congress]: 1019–33.
- ^ Holtzman v. Schlesinger, 414 U.S. 1316 (1973) (Douglas, J., in chambers) citing Sarnoff v. Shultz, 409 U.S. 929; DaCosta v. Laird, 405 U. S. 979; Massachusetts v. Laird, 400 U. S. 886; McArthur v. Clifford, 393 U. S. 1002; Hart v. United States, 391 U. S. 956; Holmes v. United States, 391 U. S. 936; Mora v. McNamara, 389 U. S. 934, 935; Mitchell v. United States, 386 U. S. 972.
- ^ a b Eugene R. Fidell, Why Did the Cambodia Bombing Continue? Archived March 12, 2016, at the Wayback Machine, 13 Green Bag 2D 321 (2010).
- ^ Holtzman v. Schlesinger, 414 U.S. 1316 (1973) (Douglas, J., in chambers).
- ^ Schlesinger v. Holtzman, 414 U.S. 1321, 1322 (1973) (Douglas, J., dissenting in chambers).
- ^ William O. Douglas, and Joseph W. Meeker. "Nature’s Constitutional Rights." The North American Review, 258#1 (1973), pp. 11–14. online
- ^ a b Sierra Club v. Morton, 405 U.S. 727, 741–43 (USSC 1972).
- ^ Frederick, John J. (1950). "Speaking of Books : About Fables and Mountains ... Hogs and Government ... Animals and IQ's". The Rotarian. 77 (1). Rotary International: 39–40. Archived from the original on January 6, 2016. Retrieved April 13, 2013.
- ^ "Associate Justice William O. Douglas – Chesapeake & Ohio Canal National Historical Park (U.S. National Park Service)". Nps.gov. Archived from the original on October 22, 2020. Retrieved April 20, 2019.
- ^ "Ozark Monthly Bulletin" (PDF). Barefoottraveler.com. Archived (PDF) from the original on October 26, 2020. Retrieved April 20, 2019.
- ISBN 0-8078-5342-9. Archivedfrom the original on January 6, 2016. Retrieved November 20, 2015.
- ^ The Ozarks Society newsletters, and books by Kenneth L. Smith.
- ISBN 978-1-889386-60-7. Archivedfrom the original on January 6, 2016. Retrieved November 20, 2015.
- ^ "SERNEC Home". sernecportal.org. Retrieved November 25, 2023.
- ^ a b "Douglas Trail". National Park Service.
Justice Douglas was also a strong advocate for outdoor recreation and environmental causes.
- ^ "The Ecologist Plea: 'Save Sunfish Pond'". The New York Times. May 14, 1972.
- ^ William O. Douglas, The Court Years: 1939–1975.
- ^ a b [1][dead link]
- ISBN 0-06-014042-9. Archivedfrom the original on January 6, 2016. Retrieved November 20, 2015.
- ^ "Impeachment Move". Congressional Quarterly Almanac. 83rd Congress 1st Session ... 1953. Vol. 9. Washington, D.C.: Congressional Quarterly. 1953. pp. 08-311–08-312.
- ^ ISBN 978-0-300-04669-4. Retrieved October 20, 2008.
- ^
Gerhardt, Michael J. (2000). The Federal Impeachment Process. ISBN 0-226-28956-7.
- ^
Lohthan, William C. (1991). The United States Supreme Court: Lawmaking in the Third Branch of Government. ISBN 978-0-13-933623-2.
- ^ [2] Archived September 26, 2012, at the Wayback Machine
- ^ "(DV) Gerard: Conservatives, Judicial Impeachment, and Supreme Court Justice William O. Douglas". Dissidentvoice.org. Archived from the original on March 18, 2017. Retrieved June 21, 2015.
- ISBN 978-0226289571. Archivedfrom the original on June 2, 2021. Retrieved June 21, 2015.
- ^ Joshua E. Kastenberg, The Campaign to Impeach Justice William O. Douglas: Nixon, Vietnam, and the Conservative Attack on Judicial Independence (Lawrence, KS: University Press of Kansas, 2019), 152-154
- ^ Radcliffe, Donnie (November 17, 1987). "Laying the Gorbachev Groundwork". The Washington Post. Archived from the original on November 8, 2021. Retrieved September 10, 2018.
- ^ "The Law: Douglas Finally Leaves the Bench". Time. November 24, 1975.
- ^ Appel, Jacob M. (August 22, 2009). "Anticipating the Incapacitated Justice". Huffington Post. USA. Archived from the original on August 27, 2009. Retrieved August 23, 2009.
- ^ ISBN 0-06-011297-2.
- .
- ^ Woodward & Armstrong, pp. 480–88, 526.
- ^ Damasio, Antonio. Descartes' Error: Emotion, Reason, and the Human Brain. Penguin Books, 1994. pp. 68–69.[ISBN missing]
- ^ "Supreme Court Justices William O. Douglas (1898–1980)". michaelariens.com. Archived from the original on February 27, 2015. Retrieved August 8, 2015.
- ^ William O. Douglas Heritage Trail Archived January 20, 2016, at the Wayback Machine, Pacific Coast Trail (including map showing where incident occurred),
- ^ a b "Supreme Court of the U.S.: #79 – Associate Justice William O. Douglas Showing 1-28 of 28". Goodreads.com – The History Book Club. Archived from the original on March 4, 2018. Retrieved April 20, 2019.
- ISBN 9780671241100.
- ^ "William O. Douglas" (PDF). Niagara Falls Gazette. July 21, 1950. p. 12. Archived (PDF) from the original on July 9, 2021. Retrieved January 6, 2016.
- ^ [3] Archived March 23, 2012, at the Wayback Machine
- ^ "The marrying Justice". Newspapers.nl.sg. Archived from the original on December 3, 2013. Retrieved June 21, 2015.
- ISBN 978-0252018718. Archivedfrom the original on November 8, 2021. Retrieved June 21, 2015.
- ^ a b "The Supreme Court: September Song". Time.com. July 29, 1966. Archived from the original on October 7, 2008. Retrieved June 21, 2015.
- ^ See This American Life Archived September 7, 2015, at the Wayback Machine, Transcript.
- ^ Notable Graves, Supreme Court – William O. Douglas Archived November 28, 2020, at the Wayback Machine – Arlington National Cemetery
- ^ "Christensen, George A. (1983) Here Lies the Supreme Court: Gravesites of the Justices, Yearbook". Archived from the original on September 3, 2005. Retrieved November 24, 2013. Supreme Court Historical Society
- ^ Christensen, George A., Here Lies the Supreme Court: Revisited, Journal of Supreme Court History, Volume 33 Issue 1, pp. 17–41 (February 19, 2008), University of Alabama
- ^ "Previous Audubon Medal Awardees". Audubon. January 9, 2015. Archived from the original on December 31, 2018. Retrieved July 12, 2020.
- ^ "Gifford Pinchot National Forest". Fs.fed.us. Archived from the original on April 26, 2011. Retrieved April 22, 2013.
- ^ a b [4] Archived May 11, 2008, at the Wayback Machine
- ^ "60 Years Ago, Hike by Justice Douglas Saved the C&O Canal". Georgetowner.com. March 20, 2014. Archived from the original on June 26, 2015. Retrieved June 21, 2015.
- ^ "Associate Justice William O. Douglas – Chesapeake & Ohio Canal National Historical Park (U.S. National Park Service)". Nps.gov. Archived from the original on June 21, 2015. Retrieved June 21, 2015.
- ^ "Mountain – The Journey of Justice Douglas". Dramatists Play Service. Archived from the original on June 22, 2015. Retrieved June 22, 2015.
- ^ [5] Archived December 13, 2008, at the Wayback Machine
- ^ Drew University Library. "Playboy (Detailed Inventory)" (PDF). Archived (PDF) from the original on September 7, 2021. Retrieved September 7, 2021.
- ^ "William O. Douglas. A Register of His Papers in the Library of Congress" (PDF). Archived (PDF) from the original on September 7, 2021. Retrieved September 7, 2021.
Further reading
- Abraham, Henry J., Justices and Presidents: A Political History of Appointments to the Supreme Court. 3d. ed. (New York: Oxford University Press, 1992). ISBN 0-19-506557-3.
- Ball, Howard, and Phillip J. Cooper. Of Power and Right: Hugo Black, William O. Douglas, and America's Constitutional Revolution (Oxford University Press, 1992).
- Cushman, Clare, The Supreme Court Justices: Illustrated Biographies,1789–1995 (2nd ed.) (Supreme Court Historical Society), (Congressional Quarterly Books, 2001) .
- Duram, James C. Justice William O. Douglas (Twayne Publishers, 1981), Literary study of Douglas as a writer.
- Frank, John P., The Justices of the United States Supreme Court: Their Lives and Major Opinions (Leon Friedman and Fred L. Israel, editors) (Chelsea House Publishers: 1995) .
- Hutchinson, Dennis J. "William O. Douglas." In The Oxford Companion to the Supreme Court of the United States, ed. Kermit L. Hall, (Oxford University Press, 1992) pp. 233–235.
- Martin, Fenton S. and Goehlert, Robert U., The U.S. Supreme Court: A Bibliography, (Congressional Quarterly Books, 1990). ISBN 0-87187-554-3.
- Murphy, Bruce Allen. , Wild Bill: The Legend and Life of William O. Douglas (Random House, 2003)
- "William O Douglas". The Oregon Encyclopedia.
- Pritchett, C. Herman, Civil Liberties and the Vinson Court. (The University of Chicago Press, 1969) .
- Schwarz, Jordan A. The New Dealers: Power politics in the age of Roosevelt (Vintage, 2011) pp 157–176. online
- Simon, James F. Independent Journey: The Life of William O. Douglas (Harper & Row, 1980)
- Urofsky, Melvin I., Conflict Among the Brethren: Felix Frankfurter, William O. Douglas and the Clash of Personalities and Philosophies on the United States Supreme Court, Duke Law Journal (1988): 71–113.
- Urofsky, Melvin I., Division and Discord: The Supreme Court under Stone and Vinson, 1941–1953 (University of South Carolina Press, 1997) ISBN 1-57003-120-7.
- Urofsky, Melvin I., The Supreme Court Justices: A Biographical Dictionary (New York: Garland Publishing 1994). 590 pp. .
- Wasby, Stephen L. ed. "He Shall Not Pass This Way Again": The Legacy of Justice William O. Douglas, (University of Pittsburgh Press for the William O. Douglas Institute, 1990), major collection of essays by experts on his achievements.
Environmentalism
- Brinkley, Douglas. Silent Spring Revolution: John F. Kennedy, Rachel Carson, Lyndon Johnson, Richard Nixon, and the Great Environmental Awakening (2022) excerpt. chapter 4 on Douglas.
- Caragher, James M. "The Wilderness Ethic of Justice William O. Douglas." University of Illinois Law Review (1986): 645+. online
- Douglas, William O., and Joseph W. Meeker. "Nature’s Constitutional Rights." The North American Review, 258#1 (1973), pp. 11–14. online
- Douglas, William O. Of men and mountains (1990) online, a memoir
- Douglas, William O. The three hundred year war: A chronicle of ecological disaster (1972) online
- Douglas, William O. My wilderness: the Pacific West (1960) online
- Huber, Richard G. "William O. Douglas and the Environment," Boston College Environmental Affairs Law Review (1976), 5:209-212 online
- McKeown, M. Margaret. Citizen Justice: The Environmental Legacy of William O. Douglas—Public Advocate and Conservation Champion (U of Nebraska Press, 2022).
- Sowards, Adam M. The Environmental Justice: William O. Douglas and American Conservation Oregon State University Press, 2009).
- Sowards, Adam M. " 'He's a Natural': Justice William O. Douglas and the American Environmental Tradition" (PhD Dissertation, Arizona State University; ProQuest Dissertations Publishing, 2001. 3004138).
- Sowards, Adam M. "Protecting American Lands with Justice William O. Douglas." The George Wright Forum 32#2 (2015) pp. 165–173. [6].
- Wilkinson, Charles F. "Justice Douglas and the Public Lands." In "He Shall Not Pass This Way Again": The Legacy of Justice William O. Douglas, ed. Stephen L. Wasby, (1990) pp 233–248.
External links
- William O. Douglas Collection at the Whitman College and Northwest Archives, Whitman College.
- William O. Douglas Papers at the Seeley G. Mudd Manuscript Library, Princeton University
- Oyez project, U.S. Supreme Court media on William O. Douglas.
- Points of Rebellion, by William O. Douglas
- Supreme Court Historical Society, William O. Douglas.
- William Orville Douglas at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
- Works by or about William O. Douglas at Internet Archive