September 1, 2026

"In 1986, Justice Byron R. White... summoned his clerks to his chambers for a special assignment that took several weekends. Together they marked his quarter-century on the court..."

"...  by feeding his records, including from the landmark Miranda rights case, into a shredder purchased for the occasion, according to Dennis J. Hutchinson, his biographer. 'Well, here’s an article. Here’s an entire book,' one of the clerks later told Mr. Hutchinson, describing what it was like to insert invaluable history into the jaws of the machine. 'I couldn’t believe how much history was going down the chute,' he said."

Writes Jodi Kantor "How the Supreme Court Locks Away Its Own History/After Justice Scalia died, the justices held private negotiations about locking away their papers. We may not see the ultimate record of the Roberts court for decades" (NYT gift link).

To suppress these communications is to promote the belief that the Justices are humble servants of the law, a belief that enhances their power. But how can that work unless all the Justices go Byron White on their papers? And it's too late for that. Justice Blackmun set the release date for all his papers at 5 years after his death. He died in 1999. You might think that would motivate the other Justices to formalize their position one way or the other, but Justice Scalia, who died in 2016, did not. Perhaps his papers are full of material that offsets things in Blackmun's, but it doesn't seem that he cared. Perhaps he thought the final written opinion was the operative text. That's what a humble servant of the law would believe. 

6 comments:

baghdadbob said...

Are we to approve of document destruction by public "servants?" Maybe they were just 33,000 pages of wedding plans and yoga appointments. Or maybe they would reveal his affinity for "water sports." They did call him "Whizzer" after all.

Not an oldster. said...

Or perhaps he thought he had more time to put his affairs in order. His was a sudden cardiac death, remember? I suspect withnan ego like that he never thought Death would catch him unguarded and he go down so quckly...

Not an oldster. said...

Fat fuck really wasn't as Catholic, or smart, as he pretended...

Yeah, yeah, we know fangrr4l annie got to sit next to him at some UW spread... highlight of her life, no? Brushing elbows with greatness...

We are all mortal men in the end... never forget.

Lazarus said...

Harry Blackmun collection: "Spanning the years 1913 to 2001, the collection contains approximately 530,800 items (630 linear feet) organized across 1,585 containers."

Maybe shredding isn't so bad?

Ann Althouse said...

Question: "Are we to approve of document destruction by public "servants?""

Answer: "The judicial Power of the United States, shall be vested in one supreme Court...."

gilbar said...

IF they Don't shred All their docuuments,
HOW CAN they justify shedding the REALLY Incriminating ones?

Post a Comment

Please use the comments forum to respond to the post. Don't fight with each other. Be substantive... or interesting... or funny. Comments should go up immediately... unless you're commenting on a post older than 4 days. Then you have to wait for us to moderate you through. It's also possible to get shunted into spam by the machine. We try to keep an eye on that and release the miscaught good stuff. We do delete some comments, but not for viewpoint... for bad faith. Also: No italics, even briefly. Use asterisks for emphasis. And don't play with the format by changing fonts or using boldface or all caps. Never include more than one extra line break between paragraphs.