LBJ and the Supreme Court

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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3 Responses

  1. Fred Schafrick says:

    Ramsey Clark was Attorney General, not Solicitor General.

  2. Gerard Magliocca says:

    True–corrected now.

  3. Joe says:

    The moves that really didn’t work in the end involved Fortas.

    Fortas overall wasn’t really best suitable for the Court in the first place and continued to in effect be a Johnson crony/insider while trying to make up for the pay cut it took to go there in the first place. Fortas was a serious target of impeachment. Trying to make him Chief Justice especially when Johnson’s reputation and influence was plummeting after re-election was off the table was a particularly horrible move. It not only lost Johnson a chance to replace Warren (probably would have required someone less liberal than Fortas but more liberal than Burger) but in the end led to Fortas resigning himself.

    The other moves were a mixed bag (e.g., Robert Jackson served at Nuremberg so that looked better at the time) but overall did not really bite him in the ass. That did in the end.