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.

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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.
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...
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.
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?
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...."
IF they Don't shred All their docuuments,
HOW CAN they justify shedding the REALLY Incriminating ones?
The Justices don't want their Italian castles discrete rendezvous discovered.
We are only allowed their pronounced-from-on-high declarations.
Whose government? The People’s?
Clearly not.
Eventually, you find out what happened at the sausage factory.
These papers are like the legislative histories Scalia was hot to omit from statutory interpretation.
"These papers are like the legislative histories Scalia was hot to omit from statutory interpretation."
"Laws, like sausages, cease to inspire respect in proportion as we know how they are made".
American poet and lawyer John Godfrey Saxe is credited with the earliest recorded version of the quote in 1869.
Chef Reactions hardest hit.
The sainted Ruth Bader Ginsburg saw to it her papers would be locked up for decades. That bit of cognitive complexity is too much for a NYT investigative reporter to manage.
"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...."
If you got that as an answer from one of your students, would you accept it? There is nothing in the Constitution requiring the Executive to preserve any records. Why are judges special?
But I agree with Scalia. At least legislative histories are part of the record of public deliberations. A judge's "papers", like Jefferson's letters, should have no bearing on what the law is.
It would seem to me that the question is, are the writings the property of the judge or the government. The judges are paid for their work as an employee so I believe that they are owned by the United States and the judge has no oversight on release. There are various laws concerning document preservation for other government employees that appear to be constitutional.
It’s like the. I on tapes, if you never tape then you are ok, but if you do tape then you are screwed.
Nixon tapes
Frankly the more we know of these absurdly over-rated individuals who have been given almost unlimited power the better. We need to see them for what they are, unelected politicians using to the cover of constitutional law to impose their personal views on the country. And doing an end-run around democracy.
Its an absurd situation. But conservatives are too stupid to do anything about it.
Its easy to laugh at Justice "Action Jackson" or the "Wise latina". But Grandma O'Connor the most mediocre justice in my lifetime, and drama-queen Kennedy were no better. While Jackson and Sotomayor are hard-core partisans, with Kennedy and O'Connor every decision was a roll of the dice. Would they be conservative today or liberal? Place your bets.
ACB seems the same way, and like O''Connor there's only one reason she's on the court - she wears a skirt and voted Republican.
After reading his opinions, why would anyone read Blackmun’s papers? He’s not John Keats.
Scalia’s dissents & concurrences are humorous.
The Justices write books and give speeches. It’s no mystery what they think. And disingenuous people tend to be disingenuous in private & public.
Lately, it appears at times that "The executive and judicial Power of the United States, shall be vested in one supreme Court...."
Agree with RC Ocean about Kennedy and O'Connor. All of their opinions seemed to propose or establish multi-factor "balancing" tests, resulting in an explosion of litigation over mushy and poorly-defined "law."
Prof: "To suppress these communications is to promote the belief that the Justices are humble servants of the law,"
Hmm? Wouldn't they be humbler if they showed their work?
It's odd that for interpretive purposes, we can drag up all sorts of legislative bits and bobs to interpret statutes, and even the analogous dribs and drabs from the writers of the Constitution. But we draw the line at the final product of judges and justices.
If we had access to emails that said "Okay, Elena, I'll vote with you on Feldercarp v Potrzebie if you'll vote with me on In re Irving. Thanks, Clarence," that would make the Justices damn humble. CC, JSM
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