Abe Fortas

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Fortas, Abe

(fôr`təs), 1910–82, associate justice of the U.S. Supreme Court (1965–69), b. Memphis, Tenn. After receiving his law degree from Yale in 1933, he taught there (1933–37) and also held a variety of government posts. He was (1942–46) undersecretary of the interior before entering private law practice. Among his notable contributions to criminal law were his arguments in the Durham Case (1954), which helped broaden the definition of legal insanity, and in Gideon v. Wainwright (1962), in which the Supreme Court ruled unanimously that states must assure free legal counsel to the poor in every criminal trial. A close friend and adviser to President Lyndon B. Johnson, he was appointed by the president to succeed Arthur GoldbergGoldberg, Arthur,
1908–90, American labor lawyer and jurist, associate justice of the U.S. Supreme Court (1962–65), b. Chicago. He received his law degree from Northwestern Univ. in 1929.
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 on the Supreme Court. There he continued to support the expansion of criminal rights and joined with the other liberal justices in most civil liberties cases. In antimonopoly cases, he often sided with the minority in upholding business. In 1968, President Johnson nominated Fortas as chief justice of the United States; Republicans and Southern Democrats held a Senate filibuster against the nomination, causing President Johnson to withdraw Fortas's nomination. The following year, Fortas resigned from the court after it was revealed that he had, while on the bench, accepted $20,000 from a private foundation; the money was part of a life stipend to Fortas by the foundation. Although he returned the money, Fortas resigned from the court under public pressure, the first justice to do so.


See R. Shogan, A Question of Judgment: The Fortas Case and the Struggle for the Supreme Court (1972).

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Fortas, Abe

(1910–82) Supreme Court justice; born in Memphis, Tenn. After teaching at Yale Law School (1933–37), he served in a series of several government agencies (1937–45) before becoming an adviser to the U.S. delegation to the organizational meeting of the United Nations (1945) and to the first session of the General Assembly (1946). He then began to practice law privately in Washington, D.C., combining a corporate practice with cases in defense of civil liberties. For years he had been an unofficial adviser to Lyndon Johnson, who in 1965 appointed him to the U.S. Supreme Court and then nominated him for chief justice in 1968; conservatives who opposed him during the Senate confirmation proceedings forced him to withdraw. In 1969 it was revealed that he had been accepting money from a foundation set up by a man convicted of stock manipulation, and Fortas became the first man ever forced to resign from the Supreme Court. He returned to private practice.
The Cambridge Dictionary of American Biography, by John S. Bowman. Copyright © Cambridge University Press 1995. Reproduced with permission.
References in periodicals archive ?
Supreme Court Justice Abe Fortas (1965-1969) was reputed to have said that a typical judge's reaction to a patent is like that of a man suddenly encountering a snake: His first instinct is to try to kill it.
In 1969, Justice Abe Fortas of the US supAreme court said that students' rights were not confined to classroom hours but exteAnAded to communication anywhere on the school premises.
Abe Fortas wed a non-Jew, abandoned Orthodoxy, and avoided Jewish communal life, and thus his "Jewish religious legacy was negligible" (241).
That's the year a number of senior advisers to the recently deceased FDR, people like Thurman Arnold and Abe Fortas, decided to become lobbyists.
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Justice Abe Fortas, in one of his last opinions, wrote as if it was self-evident that students had First Amendment rights at schools.
In 1968, Chief Justice Earl Warren declared his intention to step down, but President Lyndon Johnson's choice to succeed him, Justice Abe Fortas, was blocked by the Senate.
Speaking for the majority, Justice Abe Fortas at the time wrote that the "symbolic speech" expressed by Mary's armband "may start an argument or cause a disturbance, but our constitution says we have to take this risk", adding that "schools cannot be enclaves of totalitarianism".
Bush nominated Clarence Thomas to replace retiring liberal justice Abe Fortas.
In 1968, Chief Justice Earl Warren made clear his intention to resign and Democratic President Lyndon Johnson sought to elevate then-Associate Justice Abe Fortas, who had been a close confidant.
Supreme Court Justice Abe Fortas said it well when he wrote that, "Procedure is the bone structure of a democratic society." (1) I'm going to ask you to remember two things from this speech.