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.

11 comments:
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.
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