Gentleman Biaggi
Banned
The Supreme Court
As his presidency began, Lyndon B. Johnson saw a great opportunity to build a lasting reputation on the Supreme Court. Almost instantly, he got that chance. In October 1964, Associate Justice James A. Fee died of a stroke. McCormack, feeling like a placeholder president and with four months until the inauguration of the next president, he decided against appointing a replacement. Only two months after his inauguration, Johnson used the vacancy to appoint the first black Supreme Court Justice- Leon Higginbotham Jr. Higginbotham had been appointed by the Kefauver administration to the Third Circuit Court and was very popular with Pennsylvania Republicans like Harold Stassen and William Scranton Jr. Thus making a bipartisan nomination absolutely certain. While Higginbotham was only 36- Robert Kennedy (the man who suggested Higginbotham's nomination to the Circuit Court and Supreme Court) used that as a positive; a Johnson appointee would be on the court for at least 30 years no matter who took power. Still, some (largely in the Constitution Party) ranted about Higginbotham's qualifications, however, he was still pushed through by a vote of 75-20. Some say a major part of the lack of outrage over Higginbotham's appointment was a sympathy factor. JFK's death was still on the minds of many, and the Kennedy family stumped hard for his approval.
During the nomination and confirmation of Higginbotham, another Supreme Court Justice died. George T. Mickelson, a South Dakotan and reported friend of Foss had been appointed by Dirksen and only a few years later was gone. While Higginbotham's nomination was very influential, Mickelson's death may have been even more important, as he might've been the only one to vote against the majority in the landmark gun control case Foss v. United States (which I'll get to later). Instead, he was replaced with Johnson "crony" Abe Fortas, which was controversial among some westerners who didn't want a "anti-gun" justice to replace Mickelson. It didn't matter, as Fortas was still approved 69-13. After only 4 months, Johnson had appointed two Supreme Court justices, and he would see them in action on the issue of gun control.
Following his defeat in 1964, Joe Foss intended to take the gun control fight to the courts. He challenged that the Firearm Safety Act of 1964 was against the 2nd Amendment and after taking the case to the 8th Circut Court (that actually ruled in Foss's favor), the Supreme Court decided to take the case into their own hands. Despite the 8th Circuit Court's ruling, most supported the FSA. It only required a background check, a psychological test, and a ten-day waiting period (and the ten-day waiting period was loosely enforced). However, during the rulings, 27-year-old journalist Hunter S. Thompson (going under the pen name Duke) released a news report on how such an act would effect minorities in Mississippi. Following Wallace and Patterson's Klan Kick-out in the 1960s, many Klansman moved to Mississippi and the state in general had a growth in Klan membership following the Civil Rights Act. Thompson interviewed many Mississippi blacks, who had been convicted of crimes they didn't commit due to the state's racist system and suffered through discrimination during many psychological tests and needed weapons to defend themselves from the growing number of Klansmen and members of other white supremacist groups. It also mentioned that whites who went down to the state to register blacks to vote and had been jailed similarly and had faced similar violence were also often barred from buying firearms to protect themselves as well. The report mostly played to Northern Liberals and blacks (and helped gun-supporting mid-westerners feel less guilty). It was actually the start for Thompson in Mississippi, as two years later he visited the state during the infamous 1967 gubernatorial election that ended in riots.
Still, the court ruled against Foss by October by an 7-0 margin (strangely, justices Black and Higginbotham abstained, as Black felt it should be left up to the states, and Higginbotham, a prominent Civil Rights activist, feared about the consequences of such an act in the South, but supported it in the north, where the rate of gun violence had decrease since the act was passed). Luckily for Black, a new case was on the horizon. Barry Goldwater, the governor of Arizona had passed a law that basically refuted the FSA. A Goldwater opponent, Morris Udall said that this was against the FSA, a national bill, and yet again it was taken to the Supreme Court. This time, however, it was a lot more controversial, as the issue of State's Rights would be brought into the gun debate. The case ended in a 5-3 decision that the FSA could not be repealed on a statewide level. Higginbotham declared that the result was "based less on a constitutional debate, and more on each Justice's individual views" and thus abstained. Justice Black was so infuriated by the result, he declared "this court is no longer the great institution it once was. We've stopped discussing constitutionality and instead, personal opinions have reigned. I can't handle this anymore, and thus, I resign". Despite the fact that resigning a seat to let someone who disagrees with you replace you generally being a counter-productive idea, Black was replaced by a "pro-gun" judge (although this was more due to pressure from Republicans and Western Democrats). Quentin Burdick, the former senator and Secretary of Agriculture, was appointed to the position to appease Westerners with his support for "gun rights" and pro-agricultural policies. Burdick was a controversial justice, and would later resign because of <RETRACTED> under president <RETRACTED>
As his presidency began, Lyndon B. Johnson saw a great opportunity to build a lasting reputation on the Supreme Court. Almost instantly, he got that chance. In October 1964, Associate Justice James A. Fee died of a stroke. McCormack, feeling like a placeholder president and with four months until the inauguration of the next president, he decided against appointing a replacement. Only two months after his inauguration, Johnson used the vacancy to appoint the first black Supreme Court Justice- Leon Higginbotham Jr. Higginbotham had been appointed by the Kefauver administration to the Third Circuit Court and was very popular with Pennsylvania Republicans like Harold Stassen and William Scranton Jr. Thus making a bipartisan nomination absolutely certain. While Higginbotham was only 36- Robert Kennedy (the man who suggested Higginbotham's nomination to the Circuit Court and Supreme Court) used that as a positive; a Johnson appointee would be on the court for at least 30 years no matter who took power. Still, some (largely in the Constitution Party) ranted about Higginbotham's qualifications, however, he was still pushed through by a vote of 75-20. Some say a major part of the lack of outrage over Higginbotham's appointment was a sympathy factor. JFK's death was still on the minds of many, and the Kennedy family stumped hard for his approval.
During the nomination and confirmation of Higginbotham, another Supreme Court Justice died. George T. Mickelson, a South Dakotan and reported friend of Foss had been appointed by Dirksen and only a few years later was gone. While Higginbotham's nomination was very influential, Mickelson's death may have been even more important, as he might've been the only one to vote against the majority in the landmark gun control case Foss v. United States (which I'll get to later). Instead, he was replaced with Johnson "crony" Abe Fortas, which was controversial among some westerners who didn't want a "anti-gun" justice to replace Mickelson. It didn't matter, as Fortas was still approved 69-13. After only 4 months, Johnson had appointed two Supreme Court justices, and he would see them in action on the issue of gun control.
Following his defeat in 1964, Joe Foss intended to take the gun control fight to the courts. He challenged that the Firearm Safety Act of 1964 was against the 2nd Amendment and after taking the case to the 8th Circut Court (that actually ruled in Foss's favor), the Supreme Court decided to take the case into their own hands. Despite the 8th Circuit Court's ruling, most supported the FSA. It only required a background check, a psychological test, and a ten-day waiting period (and the ten-day waiting period was loosely enforced). However, during the rulings, 27-year-old journalist Hunter S. Thompson (going under the pen name Duke) released a news report on how such an act would effect minorities in Mississippi. Following Wallace and Patterson's Klan Kick-out in the 1960s, many Klansman moved to Mississippi and the state in general had a growth in Klan membership following the Civil Rights Act. Thompson interviewed many Mississippi blacks, who had been convicted of crimes they didn't commit due to the state's racist system and suffered through discrimination during many psychological tests and needed weapons to defend themselves from the growing number of Klansmen and members of other white supremacist groups. It also mentioned that whites who went down to the state to register blacks to vote and had been jailed similarly and had faced similar violence were also often barred from buying firearms to protect themselves as well. The report mostly played to Northern Liberals and blacks (and helped gun-supporting mid-westerners feel less guilty). It was actually the start for Thompson in Mississippi, as two years later he visited the state during the infamous 1967 gubernatorial election that ended in riots.
Still, the court ruled against Foss by October by an 7-0 margin (strangely, justices Black and Higginbotham abstained, as Black felt it should be left up to the states, and Higginbotham, a prominent Civil Rights activist, feared about the consequences of such an act in the South, but supported it in the north, where the rate of gun violence had decrease since the act was passed). Luckily for Black, a new case was on the horizon. Barry Goldwater, the governor of Arizona had passed a law that basically refuted the FSA. A Goldwater opponent, Morris Udall said that this was against the FSA, a national bill, and yet again it was taken to the Supreme Court. This time, however, it was a lot more controversial, as the issue of State's Rights would be brought into the gun debate. The case ended in a 5-3 decision that the FSA could not be repealed on a statewide level. Higginbotham declared that the result was "based less on a constitutional debate, and more on each Justice's individual views" and thus abstained. Justice Black was so infuriated by the result, he declared "this court is no longer the great institution it once was. We've stopped discussing constitutionality and instead, personal opinions have reigned. I can't handle this anymore, and thus, I resign". Despite the fact that resigning a seat to let someone who disagrees with you replace you generally being a counter-productive idea, Black was replaced by a "pro-gun" judge (although this was more due to pressure from Republicans and Western Democrats). Quentin Burdick, the former senator and Secretary of Agriculture, was appointed to the position to appease Westerners with his support for "gun rights" and pro-agricultural policies. Burdick was a controversial justice, and would later resign because of <RETRACTED> under president <RETRACTED>