| 00:00:25 |
none, -
IN HIGH SCHOOL, FRANKLY. I GREW UP IN CALIFORNIA AND THE SUPREME COURT IS A VERY DISTANT INSTITUTION. WHEN I INTERVIEWED JUSTICE SANDRA DAY O'CONNOR...
|
| 00:00:45 |
Unidentified Speaker, -
WELL. THE COURT WAS A DISTANT INSTITUTION. SHE SAID, YES, IT'S EVEN A DISTANT INSTITUTION WITHIN THE BELTWAY. >> WHEN DID YOU GET PROFESSIONALLY INTERESTED...
|
| 00:01:13 |
Unidentified Speaker, -
MY PERSPECTIVE ON THE COURT AS A HUMAN
|
| 00:01:18 |
Unidentified Speaker, -
INSTITUTION. AND HAVE WRITTEN EVER SINCE ABOUT THE COURT. >> WHAT ABOUT THE HUMAN INSTITUTION? WHAT DID YOU LEARN ABOUT THOSE NINE HUMAN BEINGS WALKING...
|
| 00:01:42 |
Unidentified Speaker, -
PERSON. >> WHAT ARE THEY LIKE TO PEOPLE THAT SERVE FELLOWSHIPS OVER THERE? IS IT A -- ARE PEOPLE AFRAID OF
|
| 00:01:50 |
Unidentified Speaker, -
THEM WHEN THEY WORK AROUND THEM? >> NO, I DON'T THINK SO. THEY'RE VERY GRACIOUS. IN FACT, MY CAREER TOOK A NOSEDIVE AFTER I LEFT THE COURT, BECAUSE EVERYONE...
|
| 00:02:04 |
Unidentified Speaker, -
JUST FIRST-RATE. YOU ASK FOR RESEARCH AND YOU'LL BE SENT THE ORIGINAL BRANDIZED BRIEF FOR
|
| 00:02:12 |
Unidentified Speaker, -
EXAMPLE. >> I WANT TO -- YOU AND I SAT IN FRONT OF THE SUPREME COURT ALMOST 20 YEARS AGO AND FOR 2 1/2 HOURS ON A HOT JULY DAY. I ASKED YOU THE SUPREME...
|
| 00:02:33 |
Unidentified Speaker, -
COMING TO CLASS, WHAT ARE THEIR MISPERCEPTIONS OF THE COURT? >> I THINK ONE MISPERCEPTION IS THAT THE COURT HOUSES NINE BLUE TONIC GUARDIANS AND THAT...
|
| 00:02:59 |
Unidentified Speaker, -
CAST DESPAIR AT THE SENATE, BUT THE SUPREME COURT IS THE MOST DELIBRATIVE BODY IN OUR INSTITUTION. IN WHICH POLITICS, WHILE POLITICS ENTER INTO JUDICIAL...
|
| 00:03:49 |
Unidentified Speaker, -
AND WOULD COME IN AND CONIFER AND HEAR
|
| 00:03:52 |
Unidentified Speaker, -
ORAL
|
| 00:03:53 |
Unidentified Speaker, -
ARGUMENTS. IT WAS THOUGHT BY CHIEF
|
| 00:03:55 |
Unidentified Speaker, -
JUSTICE TAFT THAT THE COURT COULD BE SYMBOLIZED IN ITS ROLE IN AMERICAN POLITICS BY HAVING ITS OWN BUILDING. SO THIS BUILDING WAS BUILT AND COMPLETED...
|
| 00:04:46 |
Unidentified Speaker, -
POSITION IN TERMS OF ORGANIZING THE CASES THAT WILL BE DISCUSSED IN TERMS OF WHICH WILL BE GRANTENED AND HE LEADS THE CONFERENCE DISCUSSION ON MERRITTS....
|
| 00:04:58 |
Unidentified Speaker, -
CHIEF JUSTICE OF THE UNITED STATES. SO HE'S THE HEAD OF THE ENTIRE FEDERAL JUDICIARY. THERE'S SOME 58 STATUTES THAT GIVE HIM CERTAIN RESPONSIBILITIES....
|
| 00:05:50 |
Unidentified Speaker, -
COLLECTED. BECAUSE EVEN THOUGH HE'S THE YOUNGEST CHIEF JUSTICE SINCE JOHN MARSHAL WAS APOINTED IN 1801, HE'S QUITE FAMILIAR WITH THE
|
| 00:06:00 |
Unidentified Speaker, -
COURT. HE OF COURSE
|
| 00:06:01 |
Unidentified Speaker, -
CLERKED FOR CHIEF JUSTICE WILLIAM REHNQUIST. HE ARGUED 39 CASES AND WON 25 OF
|
| 00:06:07 |
Unidentified Speaker, -
THEM. HE'S HAD A LONG RELATIONSHIP WITH THE CHIEF JUSTICE. HE OF COURSE WAS AT THE COURT AT THE TIME CHIEF JUSTICE BERGER WAS HEAD OF THE COURT....
|
| 00:07:23 |
Unidentified Speaker, -
THIS "NEW YORK
|
| 00:07:24 |
Unidentified Speaker, -
DAILY NEWS" ARTICLE FROM WEDNESDAY, SEPTEMBER
|
| 00:07:26 |
Unidentified Speaker, -
7. BECAUSE I WANTED TO GET YOUR OPINION OF THIS AND I'LL
|
| 00:07:29 |
Unidentified Speaker, -
JUST HOLD IT UP. IT SAYS "ROBERTS HELPS CAREY REHNQUIST'S CASKET" AND HERE'S SANDRA DAY
|
| 00:07:37 |
Unidentified Speaker, -
O'CONNOR STANDING ALONGSIDE THE CASKET. BUT I WANT TO READ THE FIRST PARAGRAPH BY JAMES GORDON MEEK. ANY DOUBTS ROBERTS WAS A SHOE-IN TO REPLACE CHIEF...
|
| 00:08:19 |
Unidentified Speaker, -
OF COURSE JUSTICE SANDRA DAY O'CONNOR KNEW REHNQUIST FOR OVER 60 YEARS. THEY WERE CLASSMATES AT STANFORD LAW SCHOOL. SO I THINK THAT IN ADDITION I WOULD...
|
| 00:09:42 |
Unidentified Speaker, -
BASED ON JUSTICE'S
|
| 00:09:44 |
Unidentified Speaker, -
PRIVATE PAPERS AT
|
| 00:09:45 |
Unidentified Speaker, -
THE LIBRARY OF CONGRESS AS WELL AS PRESIDENTIAL LIBRARIES. >> I HAVE HERE THE 7TH
|
| 00:09:50 |
Unidentified Speaker, -
EDITION OF THAT BOOK WE TALKED ABOUT, AND WE WERE TALKING ABOUT THE FIRST EDITION CALLED "STORM CENTER" AND IT'S OUT RIGHT NOW. WHERE DID YOU GET THE...
|
| 00:10:10 |
Unidentified Speaker, -
BUT IT'S THE QUIET OF A STORM CENTER. I MUST SAY THAT NORTON DID NOT PARTICULARLY LIKE THAT TITLE AT THE BEGINNING. HE SAID, PEOPLE WILL THINK THIS...
|
| 00:10:23 |
Unidentified Speaker, -
THINK IT'S A PERFECT TITLE BECAUSE THE SUBTITELE IS "THE SUPREME COURT IN AMERICAN POLITICS." >> HOW MANY JUSTICES HAVE THERE BEEN ON THE SNORTE >> CHIEF...
|
| 00:10:52 |
Unidentified Speaker, -
CHIEF JUSTICE, IN PART BECAUSE F.D.R. HAD
|
| 00:10:56 |
Unidentified Speaker, -
EIGHT OTHER APPOINTEES, ALL
|
| 00:10:59 |
Unidentified Speaker, -
DEMOCRATS. HE WAS BEING CHARGED
|
| 00:11:01 |
Unidentified Speaker, -
WITH
|
| 00:11:02 |
Unidentified Speaker, -
CRONISM BY REPUBLICANS AND STONE WAS A REPUBLICAN BUT A YANKEE REPUBLICAN. HE VOTED WITH LIBERALS ON
|
| 00:11:08 |
Unidentified Speaker, -
THE COURT. AND SO F.D.R. ELEVATED HIM FROM ASSOCIATE TO CHIEF JUSTICE. CHIEF JUSTICE CHARLES EVAN HUGHES WAS ASSOCIATE JUSTICE BUT WAS DRAFTED IN 1916...
|
| 00:11:50 |
Unidentified Speaker, -
THE BOOKS HE PUBLISHED.
|
| 00:11:52 |
Unidentified Speaker, -
WE'RE GOING TO RUN SOME CLIPS
|
| 00:11:54 |
Unidentified Speaker, -
OF IT WHERE HE TALKS ABOUT THE
|
| 00:11:56 |
Unidentified Speaker, -
DIFFERENT THINGS OF THE COURT. WHEN IT CAME TO TELEVISION AND THE COURT, HE SEEMED TO BE
|
| 00:12:00 |
Unidentified Speaker, -
VERY OPPOSED TO IT AND WASN'T OPEN AT ALL. AS A MATTER OF FACT, WHEN HE DIED HIS FAMILY WOULD NOT ALLOW US TO HAVE A MICROPHONE IN THE CHURCH OR A...
|
| 00:12:50 |
Unidentified Speaker, -
WERE NUMEROUS THREATS ON JUSTICE HARRY BLACKMAN'S LIFE BECAUSE HE WAS THE AUTHOR OF "ROE VERSUS WADE." SO THAT'S ONE KRPGS. THE PRIVACY WHETHER IT...
|
| 00:14:00 |
Unidentified Speaker, -
PRIVACY. I'VE HAD THIS DEBATE WITH SOME JOURNALISTS WHEN MARTIN LUTHER KING WAS ASSASSINATED, THERE WAS A GRAPHIC PICTURE
|
| 00:14:11 |
Unidentified Speaker, -
OF HIS WIFE ON THE FRONT PAGE OF LIFE MAGAZINE. AND MANY PEOPLE THOUGHT THAT WAS AN INVASION OF HER PRIVACY. IT'S A BETTER DEBATE THOUGH, I THINK....
|
| 00:14:42 |
Unidentified Speaker, -
ME. CLARENCE THOMAS WOULD NOT TALK WITH ME. I DON'T THINK THAT JUSTICE ANTHONY KENNEDY WOULD TALK WITH ME. >>
|
| 00:14:50 |
Unidentified Speaker, -
BUT DID YOU TALK TO JUSTICE
|
| 00:14:53 |
Unidentified Speaker, -
STEVENS AND O'CONNOR AND SCALIA? >> WHEN I DID THE FIRST
|
| 00:14:59 |
Unidentified Speaker, -
EDITION, I INTERVIEWED SIX JUSTICES. AND I'VE TAKEN OVER THE YEARS EVERY SPRING I TAKE MY STUDENTS UP TO THE COURT AND MEET A JUSTICE. BUT WE DON'T...
|
| 00:15:12 |
Unidentified Speaker, -
BOOK PER SE. THE ONLY JUSTICE THAT I SPENT TIME WITH ON THE
|
| 00:15:18 |
Unidentified Speaker, -
LAST EDITION WAS CHIEF JUSTICE WILLIAM REHNQUIST, WHO SPENT TWO HOURS WITH ME. AND HAD ALL OF THE OFFICERS OF THE COURT READ SECTIONS THAT DEALT WITH...
|
| 00:16:18 |
Unidentified Speaker, -
A YEAR-LONG COURSE ON
|
| 00:16:20 |
Unidentified Speaker, -
SEPARATION
|
| 00:16:21 |
Unidentified Speaker, -
OF POWERS, FEDERALISM, AND CIVIL RIGHTS, CIVIL LIBERTIES. >> WHERE WERE YOU BORN? >> I WAS BORN IN WYOMING. >> WHERE? >>
|
| 00:16:28 |
Unidentified Speaker, -
ROCK SPRINGS,
|
| 00:16:29 |
Unidentified Speaker, -
WYOMING. >> WHERE DID YOU GO TO COLLEGE? >> THE UNIVERSITY OF CALIFORNIA. >>
|
| 00:16:33 |
Unidentified Speaker, -
GOT YOUR
|
| 00:16:34 |
Unidentified Speaker, -
PH.D. WHERE? >> THERE. >>
|
| 00:16:36 |
Unidentified Speaker, -
AND THE KIND OF STUDENTS THAT COME TO YOUR CLASS, WHAT DO THEY STUDY? >> WELL, MOST OF THEM ARE PRELAW STUDENTS. AND I HAVE HAD
|
| 00:16:45 |
Unidentified Speaker, -
OVER THE YEARS
|
| 00:16:46 |
Unidentified Speaker, -
WONDERFUL
|
| 00:16:47 |
Unidentified Speaker, -
|
| 00:16:49 |
Unidentified Speaker, -
STUDENTS. FOUR OR
|
| 00:16:50 |
Unidentified Speaker, -
FIVE HAVE CLERKED
|
| 00:16:51 |
Unidentified Speaker, -
AT THE SUPREME COURT. AND IN FACT, A YEAR AGO I TOOK
|
| 00:16:55 |
Unidentified Speaker, -
A GROUP OF
|
| 00:16:56 |
Unidentified Speaker, -
GRADUATE STUDENTS TO THE SUPREME COURT TO HEAR ORAL ARGUMENTS AND MEET A JUSTICE,
|
| 00:17:01 |
Unidentified Speaker, -
AS I SAID. AND I ARRIVED BACK IN CHARLOTTESVILLE THAT NIGHT AND HERE'S AN EMAIL, HELLO FROM "STORM CENTER." I WAS TAKEN BACK. HERE'S AN EMAIL FROM A...
|
| 00:18:08 |
Unidentified Speaker, -
THE
|
| 00:18:09 |
Unidentified Speaker, -
FIRST CHIEF JUSTICE WILLIAM
|
| 00:18:10 |
Unidentified Speaker, -
REHNQUIST INTERVIEW IN 1992 AND THESE ARE
|
| 00:18:12 |
Unidentified Speaker, -
SELF-EXPLANATORY AND
|
| 00:18:13 |
Unidentified Speaker, -
WE'LL GET YOUR COMMENTS ON THEM. >> THE CHIEF JUSTICE PRESIDES OVER THE SESSIONS OF THE OPEN COURT. YOU KNOW, YOU CALL
|
| 00:18:21 |
Unidentified Speaker, -
THE CASES AND THAT SORT OF
|
| 00:18:23 |
Unidentified Speaker, -
THING. BUT EVERYONE QUESTIONS FROM THE BENCH THAT IS BY
|
| 00:18:27 |
Unidentified Speaker, -
NO MEANS A PREROGATIVE OF THE CHIEF JUSTICE. THE CHIEF JUSTICE PRESIDES OVER THE SESSION OF THE CONFERENCE WHERE THE COURT
|
| 00:18:35 |
Unidentified Speaker, -
DELIBERATES. THOSE DELIBERATIONS ARE HELD IN PRIVATE. AND THE CHIEF JUSTICE GOES FIRST WITH HIS EXPOSITION OF THE CASE IN EXPLAINING HOW HE WOULD DECIDE...
|
| 00:19:26 |
Unidentified Speaker, -
OFTEN AFFECT THE OUTCOME OF THE DECISION. AND CHIEF JUSTICE WILLIAM REHNQUIST, TO HIS GREAT
|
| 00:19:33 |
Unidentified Speaker, -
CREDIT, IF HE ASSIGNED -- SAY THE COURT WAS SPLIT 5-4 AND HE ASSIGNED THE MAJORITY OPINION TO A JUSTICE, AND THAT JUSTICE THEN DISCOVERED THAT THE...
|
| 00:20:52 |
Unidentified Speaker, -
GOVERNORS OF THE FEDERAL JUDICIAL CENTER, WHICH IS THE BODY RESPONSIBLE FOR CONTINUING LEGAL
|
| 00:20:57 |
Unidentified Speaker, -
EDUCATION OF THE FEDERAL COURT FAMILIES, SO TO SPEAK. >> HOW MUCH TIME DO YOU THINK HE SPENDS, A CHIEF JUSTICE, ON THESE OTHER ACTIVITIES LIKE THE SMITHSONIAN...
|
| 00:21:22 |
Unidentified Speaker, -
BUT CHIEF JUSTICE WILLIAM REHNQUIST HAD ANOTHER LIFE, SO TO SPEAK, HE WROTE BOOKS, HE WAS AN AVID CARD
|
| 00:21:29 |
Unidentified Speaker, -
PLAYER, HE LIKED TO TRAVEL. IN CONTRAST TO HIS PREDECESSOR, CHIEF JUSTICE BERGER, WAS ALMOST CONSUMED BY THE ADMINISTRATIVE SIDE. AND WORKED VERY LONG...
|
| 00:22:17 |
Unidentified Speaker, -
TIME SINCE
|
| 00:22:18 |
Unidentified Speaker, -
THE COURT SIZE WAS SET AT NINE
|
| 00:22:21 |
Unidentified Speaker, -
JUSTICES IN 1868 THAT ALL NINE JUSTICES
|
| 00:22:24 |
Unidentified Speaker, -
SERVED FOR A
|
| 00:22:26 |
Unidentified Speaker, -
DECADE. SO THEY BECAME, OVER TIME I THINK,
|
| 00:22:29 |
Unidentified Speaker, -
VERY, VERY CLOSE FRIENDS. AND CHIEF JUSTICE REHNQUIST WENT OUT OF HIS WAY TO MAKE PEOPLE FEEL GOOD AND BE RELAXED. IN CONTRAST WITH CHIEF JUSTICE BERGER...
|
| 00:23:16 |
Unidentified Speaker, -
YEAR. THEN FROM THE FIRST MONDAY OF OCTOBER TO THE END OF APRIL, THEY WILL MEET ON WEDNESDAY AFTERNOON TO VOTE ON THOSE CASES THAT THEY HEARD ORAL ...
|
| 00:23:27 |
Unidentified Speaker, -
ON ON MONDAY, TWO DAYS A WEEK. RATHER TWO WEEKS OUT OF A MONTH. AND THEN ON FRIDAY, THEY'LL VOTE ON THE CASES THEY HEARD ORAL ARGUMENTS ON ON TUESDAY...
|
| 00:24:14 |
Unidentified Speaker, -
WILLIAM REHNQUIST TALKING ABOUT WHO SPEAKS IN CONFERENCE. >>
|
| 00:24:16 |
Unidentified Speaker, -
ONE THING THAT HAS
|
| 00:24:17 |
Unidentified Speaker, -
SEEMED IMPORTANT TO ME AS CHIEF JUSTICE, AND I
|
| 00:24:20 |
Unidentified Speaker, -
THINK MOST OF MY COLLEAGUES WOULD AGREE, IS THAT I THINK IT'S VERY IMPORTANT FOR EVERY SINGLE ONE OF THE NINE MEMBERS OF THE COURT TO HAVE A CHANCE TO...
|
| 00:24:33 |
Unidentified Speaker, -
QUESTIONING AND KIND OF DISCUSSION
|
| 00:24:37 |
Unidentified Speaker, -
SECOND BITES AT THE APPLE SO TO SPEAK ON THE PART OF MORE SENIOR JUSTICES. I USED TO FEEL, WHEN I WAS A VERY JUNIOR JUSTICE, THAT OFTEN THERE WOULD...
|
| 00:25:23 |
Unidentified Speaker, -
FRANKFURTER, FORMER HARVARD LAW SCHOOL PROFESSOR AND ACADEMIC
|
| 00:25:26 |
Unidentified Speaker, -
TO HIS BONE, LIKED TO LECTURE AT THE CONFERENCES. AND ONE TIME CHIEF JUSTICE VINCENT BECAME SO ANGRY HE STARTED RUNNING AROUND THE TABLE SAYING, NO SON...
|
| 00:27:02 |
Unidentified Speaker, -
JUNIOR HAVE TO ANSWER THE DOOR? >>
|
| 00:27:04 |
Unidentified Speaker, -
THAT'S A VERY GOOD QUESTION. I THINK
|
| 00:27:06 |
Unidentified Speaker, -
THAT -- THAT'S PROBABLY WILL BE
|
| 00:27:09 |
Unidentified Speaker, -
NEGOTIATED. THERE HAVE BEEN TIMES WHERE
|
| 00:27:13 |
Unidentified Speaker, -
THE JUNIOR JUSTICE, THE SEATING AT THE CONFERENCE ROOM IS BY SENIORITY. SO THE JUNIOR JUSTICE SITS CLOSEST TO THE DOOR. HENCE, WHY THE JUNIOR
|
| 00:27:24 |
Unidentified Speaker, -
JUSTICE ANSWERS THE DOOR IF THERE IS A KNOCK FROM A SECRETARY OR SOMETHING. BUT THERE HAVE BEEN OCCASIONS WHERE A JUSTICE LIKE THAT CHAIR SO MUCH HE...
|
| 00:28:25 |
Unidentified Speaker, -
DAY OF OUR NEW TERM SHALL BE THE FIRST MONDAY IN OCTOBER. THAT'S AN ACT OF CONGRESS. AS FAR AS THE AMOUNT OF TIME FOR ORAL ARGUMENTS, THAT IS A RULE...
|
| 00:28:40 |
Unidentified Speaker, -
ABOUT THE COURT, IN THE ARGUEMENTS OF SOME OF THE CELEBRATED CASES IN THE FIRST PART OF THE 19TH CENTURY, WHEN CHIEF JUSTICE MARSHAL PRESIDED, THE COURT...
|
| 00:29:43 |
Unidentified Speaker, -
JUSTICE'S TIMES. JUSTICE
|
| 00:29:46 |
Unidentified Speaker, -
HOLMES FOR EXAMPLE USED TO TAKE CAT NAPS ON THE BENCH AND WRITE NOTES AND LETTERS BECAUSE HE THOUGHT THEY WERE SO UNIMPORTANT. SO GRADUALLY OVER TIME...
|
| 00:30:38 |
Unidentified Speaker, -
THE 19TH CENTURY, WE WENT TO ONE HOUR ON A SIDE. I THINK IT WAS ONE
|
| 00:30:45 |
Unidentified Speaker, -
HOUR ON A SIDE WHEN I WAS A LAW CLERK. I THINK THE FIRST PART OF CHIEF JUSTICE BERGER'S TENURE IT WENT TO HALF-HOUR ON A SIDE, WITH EXCEPTIONS FOR VERY...
|
| 00:31:18 |
Unidentified Speaker, -
ONLY OPPORTUNITY TO CONNECT WITH PARTICULARLY PIVOTAL JUSTICES. AS THE CONFERENCE DISCUSSION HAS BECOME LESS IMPORTANT FOR THE COURT'S DELIBERATION,...
|
| 00:31:35 |
Unidentified Speaker, -
OF A POSTMAN. HE'S BEING ASKED A QUESTION BY JUSTICE SCALIA AND JUSTICE SCALIA IS TRYING TO COMMUNICATE HIS VIEW THROUGH THE ATTORNEY TO JUSTICE SUIT...
|
| 00:32:57 |
Unidentified Speaker, -
AT THE LIBRARY OF CONGRESS. IT'S BEEN THE PRACTICE -- IN THE 19TH CENTURY, MOST JUSTICED BURNED THEIR
|
| 00:33:05 |
Unidentified Speaker, -
PAPERS. I THINK I'VE BEEN JUST ABOUT
|
| 00:33:07 |
Unidentified Speaker, -
THROUGH EVERY COLLECTION, MAYBE NOT THE ENTIRE COLLECTION,
|
| 00:33:10 |
Unidentified Speaker, -
BUT THE PARTS I THOUGHT WERE IMPORTANT. SO IN THE LATTER PART OF THE 20TH CENTURY, MOST OF THE JUSTICES HAVE DONATED THEM TO THE LIBRARY OF CONGRESS...
|
| 00:34:33 |
Unidentified Speaker, -
TO HAVE
|
| 00:34:34 |
Unidentified Speaker, -
ACCESS. BRENNAN AND BERGER WERE INTELLECTUALLY AT ODDS ON MOST ISSUES. SO BERGER RESENTED THAT FACT. SECOND OF ALL, HE THOUGHT THAT IT WAS AN INTRUSION...
|
| 00:35:57 |
Unidentified Speaker, -
FILE IS IN A NUMBERED BOX. AND YOU CAN ONLY LOOK AT THREE BOXES AT A TIME. BUT I DID HAVE THAT
|
| 00:36:03 |
Unidentified Speaker, -
EXPERIENCE 20 YEARS AGO AT THE UNIVERSITY OF TEXAS.
|
| 00:36:06 |
Unidentified Speaker, -
TOM CLARK'S PAPERS WERE DOWN THERE. AND THEY HADN'T HIRED AN ARCHIVIST TO PUT THEM IN POXES
|
| 00:36:15 |
Unidentified Speaker, -
AND CATEGORIZE THEM. SO THEY SENT ME TO A BOOK ROOM WITH CARTONS OF BOXES THAT I WAS ALLOWED TO RUMMAGE THROUGH. I FOUND SOME VERY INTERESTING MEMOS....
|
| 00:36:46 |
Unidentified Speaker, -
THEY WERE NOT -- HE DIDN'T DO A LOT OF RESEARCH IN ARCHIVES OR EVEN SECONDARY SOURCES. I MEAN, HE READ
|
| 00:36:57 |
Unidentified Speaker, -
RELEVANT BOOKS. BUT HE HAD A REAL KNACK FOR COMMUNICATING WHAT HE WANTED TO COMMUNICATE. AND MAKE THESE ISSUES ACCESSIBLE TO THE GENERAL PUBLIC. SO...
|
| 00:37:32 |
Unidentified Speaker, -
DISCUSSION. HOW IMPORTANT ARE THESE CONFERENCES? >> WELL, THEY'RE ESSENTIAL, BECAUSE THAT'S WHERE THE VOTE IS TAKEN ON WHICH CASES WILL BE GRANTED,...
|
| 00:37:56 |
Unidentified Speaker, -
TAKEN, HOW MANY ARGUMENTS ARE NOW PRESENTED TO THE COURT UNDER THE PREVIOUS CHIEF JUSTICE? EVERY YEAR? >> YEAH. IN THE 1970'S, EARLY 1980'S, THE COURT...
|
| 00:38:15 |
Unidentified Speaker, -
THEY COULD HEAR MORE CASES. SO IN THE 1970'S AND EARLY 1980'S, THE COURT WOULD GRANT AND DECIDE BY
|
| 00:38:22 |
Unidentified Speaker, -
ORAL ARGUMENT ABOUT 180 CASES A TERM. BY CONTRAST, THE DOCKET NOW IS CLOSE TO 9,000 CASES. BUT THEY ONLY DECIDE ABOUT 80 CASES A YEAR. THEY'RE GIVEN...
|
| 00:39:02 |
Unidentified Speaker, -
THESE CASES. WE DISCUSS THEM AND WE VOTE ON THEM. AND THOSE
|
| 00:39:06 |
Unidentified Speaker, -
DELIBERATIONS ARE ALWAYS REGARDED AS CONFIDENTIAL. BECAUSE PEOPLE LIKE TO LET THEIR HAIR DOWN AND THEY CAN SAY SOMETHING AS ABSURD OR PHONY OR SOMETHING...
|
| 00:39:45 |
Unidentified Speaker, -
TO TAKE PICTURES FOR A STORY HE WAS DOING. AND HE CAME IN ON A FRIDAY AFTERNOON
|
| 00:39:52 |
Unidentified Speaker, -
AFTER THE JUSTICE'S PRIVATE CONFERENCE. APPARENTLY, A JUSTICE HAD THROWN SOME NOTES INTO THE FIREPLACE THAT SITS NEXT TO THE CONFERENCE TABLE AND HE WENT...
|
| 00:40:39 |
Unidentified Speaker, -
A CHIEF JUSTICE AND FIVE ASSOCIATE JUSTICES. THEN WAS GRADUALLY EXPANDED TO NINE THROUGH
|
| 00:40:45 |
Unidentified Speaker, -
THE 1850'S, THEN IN THE 1860'S, IT WAS EXPANDED TO
|
| 00:40:51 |
Unidentified Speaker, -
10. THEN RIGHT AFTER THAT, IT WAS CONTRACTED TO EIGHT BECAUSE CONGRESS DIDN'T WANT ANDREW JOHNSON TO GET ANY APPOINTMENTS. THEN WHEN GRANT WAS ELECTED...
|
| 00:41:29 |
Unidentified Speaker, -
PANELS OF FIVE JUSTICES EXCEPT IN EXTRAORDINARY CASES
|
| 00:41:32 |
Unidentified Speaker, -
WHERE ALL 15 WILL MEET. SO I THINK THAT THE TRADITION OF NINE, IT'S PROVEN SERVICEABLE. AND WITH NINE VERSUS HAVING A SMALLER COURT, YOU GENERALLY SPEAKING...
|
| 00:42:59 |
Unidentified Speaker, -
HOW MUCH TIME DID YOU PERSONALLY SPEND AROUND CHIEF
|
| 00:43:03 |
Unidentified Speaker, -
JUSTICE BERGER IN THOSE DAYS? >> WELL, WE -- BERGER GAVE A
|
| 00:43:07 |
Unidentified Speaker, -
LOT OF SPEECHES AND WAS VERY
|
| 00:43:09 |
Unidentified Speaker, -
ACTIVE. HE WANTED TO HAVE A NEW NATIONAL APPELLATE COURT CREATED ABOVE THE 13 COURTS OF APPEALS TO HELP THE COURT WITH ITS WORKLOAD. AS A YOUNG
|
| 00:43:20 |
Unidentified Speaker, -
ATTORNEY IN THE REAGAN ADMINISTRATION, JOHN ROBERTS OPPOSED THAT IDEA. SO IT WAS AN
|
| 00:43:26 |
Unidentified Speaker, -
UPHILL BATTLE FOR US TO TRY TO PERSUADE MEMBERS OF CONGRESS IN THE REAGAN ADMINISTRATION THAT THIS COURT WAS NEEDED. SO WE SPENT QUITE A BIT OF TIME WORKING...
|
| 00:44:01 |
Unidentified Speaker, -
HAVE ONE MORE SECRETARY EACH, ALTHOUGH A LOT OF THE WORK IS DONE ON THE
|
| 00:44:07 |
Unidentified Speaker, -
WORD PROCESSORS. AND EACH JUSTICE -- I THINK JUSTICE STEVENS HAS THREE LAW CLERKS AND I HAVE THREE. ALL OF MY OTHER COLLEAGUES HAVE FOUR LAW CLERKS....
|
| 00:44:53 |
Unidentified Speaker, -
INCREASED GRADUALLY, BUT PARTICULARLY IN THE LATE 1960'S
|
| 00:44:56 |
Unidentified Speaker, -
AND 1970'S UNDER CHIEF JUSTICE BERGER.
|
| 00:45:00 |
Unidentified Speaker, -
THIS IS ONE OF THE THINGS THAT BERGER WANTED TO DO BECAUSE OF THE RISE IN CASELOAD WAS
|
| 00:45:04 |
Unidentified Speaker, -
INCREASE THE NUMBER OF LAW
|
| 00:45:06 |
Unidentified Speaker, -
CLERKS, THE NUMBER OF SECRETARIES AND TO BRING IT SEEMS COMPUTERS TO THE COURT.
|
| 00:45:12 |
Unidentified Speaker, -
SO IT WAS NOT UNTIL THE 1970'S. AS A CONSEQUENCE OF TRADITION HAS DEVELOPED AND EACH JUSTICE IS ENTITLED UP TO FOUR, ALTHOUGH STEVENS AND REHNQUIST...
|
| 00:45:45 |
Unidentified Speaker, -
I'VE HAD FOUR PH.D.
|
| 00:45:48 |
Unidentified Speaker, -
|
| 00:45:49 |
Unidentified Speaker, -
STUDENTS THAT WERE
|
| 00:45:51 |
Unidentified Speaker, -
PRACTICING LAWYERS THAT CAME BACK FOR THEIR LAW DEGREE. MOST RECENTLY, A MAN WHO PRACTICED 25 YEARS IN INTERNATIONAL LAW, PUT HIS CHILDREN THROUGH COLLEGE...
|
| 00:46:25 |
Unidentified Speaker, -
ALL OF MY CONFERENCE NOTES, THE MEMOS THAT CIRCULATES, WILL BE AVAILABLE AT SOME LATER DATE. I THINK ALMOST ALL OF MY COLLEAGUES FEEL THAT WAY, TOO....
|
| 00:46:46 |
Unidentified Speaker, -
AND PUTTING THINGS TOGETHER. MY SON IS GOING TO BE MY LITERARY EXECUTOR AND HE'LL MAKE THOSE DECISIONS. >> HE SAID AT ONE POINT HE'S CONSCIOUS OF MAKING...
|
| 00:47:14 |
Unidentified Speaker, -
CASES. U.S. NIXON FOR EXAMPLE, THE EXECUTIVE PRIVILEGE CASE. AND THAT'S A -- I THINK THAT THAT'S WELCOMED FOR HISTORIANS
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| 00:47:22 |
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AND SCHOLARS. BUT YOU HAVE TO ALWAYS REMEMBER IN EVALUATING THOSE COMMENTS AND NOTES THAT YOU'RE GETTING ONLY ONE JUSTICE'S VIEW. THERE WERE EIGHT...
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| 00:47:57 |
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REHNQUIST EXPRESS, THAT WHEN THESE PAPERS ARE AVAILABLE AND IT'S TOO RECENT IN TERMS OF IT
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| 00:48:05 |
Unidentified Speaker, -
WAS WITH THE CASE OF THUR GAD MARSHAL'S PAPERS BEING RELEASED, BECAUSE HE DIED SHORTLY AFTER RETIRING FROM THE BENCH, SO IT WAS JUST A COUPLE OF TERMS....
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| 00:48:36 |
Unidentified Speaker, -
WHEN CAN THEY RETIRE AND GET FULL PAY? >> AFTER 15 YEARS OF SERVICE AND REACHING THE AGE OF 70. I BELIEVE.
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| 00:48:46 |
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BUT IN RECENT YEARS, WHEN THEIR HEALTH BEGINS TO DETERIORATE SUCH AS HAPPENED WITH MARSHAL AND BRENNAN, THEY HAVE TENDED TO STEP
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| 00:48:57 |
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DOWN AND THEN DIE WITHIN A YEAR OR TWO. SO IN
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| 00:49:00 |
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THE 20TH CENTURY, YOU FIND THAT MOST OF THE JUSTICES WITH THE SOLE EXCEPTION OF STANLEY REED, WHO LIVED FOR ANOTHER 30 YEARS AFTER HE RETIRED IN 1957,...
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| 00:49:35 |
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WITH RECRUITING NEW PEOPLE AND PARTICULARLY AT THE
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| 00:49:41 |
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DISTRICT AND CIRCUIT JUDGE LEVEL. >> DO YOU HAPPEN TO KNOW WHAT JUDGES GET IN THE WAY OF MONEY? >> CHIEF JUSTICE WILLIAM REHNQUIST AND MAKES $203,000...
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| 00:50:04 |
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WITH THE THREE BRANCHES OF GOVERNMENT, HOW CAN THEY PAY THE
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| 00:50:08 |
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CHIEF JUSTICE $200,000 AND THE PRESIDENT $400,000? >> BECAUSE THE JUDICIARY HAS A VERY HARD TIME LOBBYING CONGRESS. THE JUNIOR JUSTICES ARE ASSIGNED...
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| 00:50:24 |
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CHIEF JUSTICE TO TESTIFY ON APPROPRIATIONS HEARINGS BEFORE THE HOUSE. BUT THE JUDICIARY DOESN'T HAVE THE KIND OF LOBBYING SKILLS OR RESOURCES, EVEN
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| 00:50:35 |
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THOUGH THERE IS AN OFFICE OF LEGAL POLICY IN THE SUPREME COURT THAT HAS STAFFED BY TWO ATTORNEYS THAT HELP WITH THOSE KINDS OF MATTERS AS WELL AS OTHER...
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| 00:51:18 |
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THE -- OF 16
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| 00:51:21 |
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AND 25%. >> WHAT DID THEY TELL YOU? >> NO. >> HOW MANY JUDGES ARE THERE IN
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| 00:51:26 |
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THE FEDERAL SYSTEM, DO YOU HAVE ANY IDEA? >> WELL, THERE'S ABOUT 179 APPELLATE COURT JUDGES. AND 730 SOMETHING ODD FEDERAL DISTRICT COURT JUDGES. SO...
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| 00:51:43 |
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JUDGES WHO
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| 00:51:44 |
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TAKE SENIOR
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| 00:51:45 |
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STATUS AND CONTINUE TO HEAR CASES AFTER BEING RETIRED. SO THAT WOULD BRING THE TOTAL TO A LITTLE MORE THAN 1,000. >> WHAT
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| 00:51:52 |
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WOULD YOU TELL JUSTICE -- OR JUDGE ROBERTS IF WE WERE TO ASK YOU ABOUT HIS CONFIRMATION HEARINGS, ANY ADVICE AS HOW WHAT HE SHOULD LOOK FOR? >> WELL,...
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| 00:52:13 |
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PRESUDGE ISSUES OR CASES. NOT GO ON AT FRIGHTENING LENGTHS AS ONE RECENT NOMINEE DID, JUDGE ROBERT H. WORK TRIED TO ANSWER QUESTIONS
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| 00:52:25 |
Unidentified Speaker, -
EXPENSIVELY AS THOUGH WE HOME RUN STILL IN A LAW SCHOOL CLASSROOM. >> WE CAUGHT JUDGE ROBERTS ON TAPE IN 1997. HE WAS A LAWYER, TALKING TO SOME HIGH...
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| 00:52:54 |
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THE JUSTICES SPEAK DURING AN ARGUMENT TO A FAR GREATER EXTENT THAT THE SINGLE LAWYER. IT'S A QUESTION AND ANSWER SESSION. THE NUMBER OF QUESTIONS CAN...
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| 00:53:15 |
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HALF-HOUR. THEY COULD BE RAPID FIRE QUESTIONS FROM SOMEONE LIKE JUSTICE SCALIA. THEY CAN LONG AND INVOLVED QUESTIONS WITH PREDICATES AND SUBORDINATE...
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| 00:54:12 |
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| 00:54:16 |
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COURT. >> THE ABILITY FOR ORGANIZATIONS LIKE OURS TO GET JUST THE ORAL RECORDING. WHAT IS THE STATUS OF THAT TODAY? >> I'M AFRAID THAT THERE STILL...
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| 00:55:03 |
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LAWYER'S LOUNGE. IT COULD VERY EASILY BE DIGITIZED AND PUT ON THE INTERNET. AT VERY LITTLE
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| 00:55:12 |
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COST SO THAT PEOPLE CAN HEAR ON THE INTERNET ORAL ARGUMENTS LIVE SO TO SPEAK. BUT THERE CONTINUES TO BE RESISTANCE. >> WHAT IS YOUR FAVORITE THING ABOUT...
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| 00:55:41 |
Unidentified Speaker, -
MEET OR ONE OR TWO THAT YOU
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| 00:55:43 |
Unidentified Speaker, -
WOULD LIKE TO TALK WITH? >> I THINK IN THE 20TH CENTURY, THERE ARE TWO JUSTICES THAT I ADMIRE MOST. ROBERT H. JACKSON FOR WHOM CHIEF
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| 00:55:53 |
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JUSTICE WILLIAM REHNQUIST CLERKED IN 1951 AND 1952. AND JOHN MARSHAL HARLAND. HE WAS A REPUBLICAN APPOINTEE, BUT A
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| 00:56:05 |
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VERY SHARP CRAFTSMAN OF THE LAW. >> FORGET WHETHER YOU LIKE OR DISLIKE JUDGE ROBERTS. HOW ARE HIS QUALIFICATIONS TECHNICALLY TO GO ON THIS COURT AT...
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| 00:56:28 |
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ON THE COURT AS WELL AS HOW THE COURT OPERATES. HE'S VERY YOUNG, BUT HE'S VERY, VERY EXPERIENCED. >> THE 7TH EDITION WE HAVE IN OUR HANDS OF "STORM...
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| 00:56:43 |
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M. O'BRIAN WHO IS A PROFESSOR AT THE UNIVERSITY OF VIRGINIA. FIRST TALKED TO US 20 YEARS AGO. THANK YOU VERY MUCH FOR JOINING US AGAIN TO GIVE US...
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| 00:56:56 |
Unidentified Speaker, -
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| 00:57:15 |
Unidentified Speaker, -
THIS
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NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.