Does Clarence Thomas have the integrity of Abe Fortas? Or maybe it rests on the integrity of Biden:Justice Abe Fortas forced to quit Supreme Court, 1969, over his secret financial relationship with rich friend: pic.twitter.com/630BHArGX8
— Michael Beschloss (@BeschlossDC) April 14, 2023
In May 1969, Life magazine chronicled Fortas's tangled relations with Wolfson. The revelation engendered calls for Fortas to be impeached, and motivated Richard Nixon, who knew that Fortas's resignation would enable the appointment of a more conservative Justice, ordered the Justice Department to investigate Fortas. Nixon was unsure if an investigation or prosecution was legal, but was convinced by then-Assistant Attorney General and future Chief Justice William Rehnquist that it would be. Chief Justice Earl Warren (who, like the other Justices, was unaware of Nixon's actions) urged Fortas to resign to protect the reputation of the Court and avoid impeachment proceedings, as did Justice Hugo Black. However, when Fortas said it would "kill" his wife, Black changed his mind, realized that Nixon wanted Fortas off the Court for political reasons, and urged Fortas not to resign. Nonetheless, Fortas ultimately decided resignation would be best for him and for his wife's legal career after Attorney General John N. Mitchell threatened to prosecute him, and potentially investigate his wife for tax evasion.
In which next week’s issue of “One First” is scooped by @DougJBalloon… https://t.co/GPkdg6UASY
— Steve Vladeck (@steve_vladeck) April 14, 2023
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