Lyndon B. Johnson and the Fortas Nomination

Johnson, Robert

doi:10.1111/jsch.12095

Cited by 2 publications

(2 citation statements)

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“…In 1965, Arthur Goldberg resigned from the U.S. Supreme Court and accepted President Johnson's appointment as the Ambassador to the United Nations, vacating the seat for Johnson's close friend, Abe Fortas. 137 The insidious character of this technique is that the only safeguard against it is the moral integrity of the judges who are offered the golden parachute.…”

Section: Forms Of Attacks Against Courtsmentioning

confidence: 99%

Decay or Erosion? The Role of Informal Institutions in Challenges Faced by Democratic Judiciaries

Šipulová,

Kosař

2023

German Law Journal

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De-democratization may take the form of executive-led attacks as well as incremental decrepitude, gradual emptying of underlying constitutional values, and state inertia. Contrary to general wisdom, both exogenous erosion and endogenous decay are heavily affected by informality. As courts are often the first institutions affected by de-democratization, this Article analyzes informality in erosion and decay of judicial institutions. It argues that such institutions interact with democracy in two core directions. The first one is endogenous and describes the decay of democratic judiciaries as a result of a long-term incongruence between formal and informal judicial institutions. The second direction captures the gradual erosion of informal institutions that have positive effects on judicial democratic resilience. These two processes, decay and erosion of informal judicial institutions, should not be overlooked. While they are less visible, slower, and often unintentional, they are as dangerous as frontal executive-led attacks on courts, because they significantly increase the window of opportunity for politicians who wish to downgrade the substance of democracy or even implement a regime change.

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Section: Forms Of Attacks Against Courtsmentioning

confidence: 99%

Decay or Erosion? The Role of Informal Institutions in Challenges Faced by Democratic Judiciaries

Šipulová,

Kosař

2023

German Law Journal

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show abstract

“…I think unofficially you don't want to put him on the spot unless he agrees, but officially you ought not to know." 53 Thus the first hurdle appeared, of how to deliver to the president a solid commitment from Clark "unofficially. "…”

Section: Despitementioning

confidence: 99%

Make Way for Tomorrow: How Justice Tom C. Clark Departed from and (Almost) Returned to the Supreme Court

Smith¹

2021

J. Supreme Court Hist.

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Lyndon B. Johnson and the Fortas Nomination

Cited by 2 publications

References 6 publications

Decay or Erosion? The Role of Informal Institutions in Challenges Faced by Democratic Judiciaries

Decay or Erosion? The Role of Informal Institutions in Challenges Faced by Democratic Judiciaries

Make Way for Tomorrow: How Justice Tom C. Clark Departed from and (Almost) Returned to the Supreme Court

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