A Supreme Study in Scandal: The Rise and Fall of Abe Fortas

COURSE DETAILS

Although a brilliant member of the Warren Supreme Court during the final years of Warren’s tenure, Abe Fortas was the first Supreme Court justice to resign from the Supreme Court under political pressure.

Fortas and President Johnson had a long-standing relationship, and the President felt indebted to him for all his support. As a reward, he bestowed a seat on the Supreme Court to a reluctant Fortas.

Fortas ignored any notion of separation of powers and continued to serve as a strong advisor and confidant to President Johnson. Fortas was easily confirmed as a justice on the Supreme Court, but 3 years later, when Earl Warren offered his resignation to President Johnson so he could appoint Fortas as Chief Judge, he was not successful. The nomination was contentious. Although Fortas denied any wrongdoing, his nomination was filibustered in the Senate, and his name was withdrawn.

While he still had a seat on the Court, another series of improper actions were raised, which ultimately led Fortas to resign from the Court. He continued to affirm his innocence but ultimately faced possible impeachment in Congress.

Johnson was no longer president, and Fortas’ resignation was the first and thus far the only time a sitting justice was forced from the bench.

Indeed, Fortas’ forced resignation changed the judicial ethics landscape for the Supreme Court.

FACULTY

Rudolph Carmenaty, Deputy Commissioner, Nassau County Department of Social Services