Magliocca on the Failed Fortas Nomination

Gerard N. Magliocca, Indiana University Robert H. McKinney School of Law, has posted The Legacy of Chief Justice Fortas, which is forthcoming in the Green Bag 18 (2015).  He explains:

Abe Fortas (LC)

This paper explores the retirement of Chief Justice Earl Warren in 1968 and President Lyndon Johnson's unsuccessful effort to make Justice Abe Fortas Warren's successor. The collapse of the Fortas nomination led to the establishment of two significant norms: (1) a Justice should not retire during a presidential election year; and (2) a Justice should not serve as a presidential advisor.

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