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| | Fortas's biggest impact was probably in legalizing pornography. A former attorney for pornographers before he became Justice, Fortas even ruled in favor of one of his former clients. Dozens of pro-pornography decisions were rendered during Fortas's tenure on the court. | | Fortas's biggest impact was probably in legalizing pornography. A former attorney for pornographers before he became Justice, Fortas even ruled in favor of one of his former clients. Dozens of pro-pornography decisions were rendered during Fortas's tenure on the court. |
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| − | When Chief Justice [[Earl Warren]] announced in 1968 that he would retire on the condition that a replacement were chosen, Johnson picked Fortas. This selection of a crony offended even Democrats in the [[U.S. Senate]], and they refused to confirm him. Disclosure of how Fortas accepted a large outside lecture fee discredited Fortas further. Johnson withdrew the nomination. | + | When Chief Justice [[Earl Warren]] announced in 1968 that he would retire on the condition that a replacement were chosen, Johnson picked Fortas. This selection of a crony offended even Democrats in the Senate, and they refused to confirm him. Disclosure of how Fortas accepted a large outside lecture fee discredited Fortas further. Johnson withdrew the nomination. |
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| − | There is debate over whether the [[U.S. Senate]] actually [[filibuster]]ed the Fortas nomination before it was withdrawn.<ref>[http://inside.c-spanarchives.org:8080/cspan/cspan.csp?command=dprogram&record=560195972 CSPAN show]</ref> C. Boyden Gray stated that after opposition to Fortas | + | There is debate over whether the Senate actually [[filibuster]]ed the Fortas nomination before it was withdrawn.<ref>[http://inside.c-spanarchives.org:8080/cspan/cspan.csp?command=dprogram&record=560195972 CSPAN show]</ref> C. Boyden Gray stated that after opposition to Fortas developed, the Senate merely had a test vote that showed only 47 in favor of Fortas, less than even a simple majority. Hence a filibuster was unnecessary and did not occur. Gray explained that his clerkship with Warren in 1968-69 depended on failure of the Fortas nomination, so Gray was watching this very closely. |
| − | developed, the [[U.S. Senate]] merely had a test vote that showed only 47 in favor of Fortas, less than even a simple majority. Hence a [[filibuster]] was unnecessary and did not occur. Gray explained that his clerkship with Chief Justice [[Earl Warren]] for 1968-69 depended on failure of the Fortas nomination, so Gray was watching this very closely. | |
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| | In early 1969, ''Life'' magazine ran a shocking expose about how Fortas had received $20,000 and a promise of annual payments for the rest of his life, and payments to his wife after he died, by a wealthy person facing conviction for insider trading. This scandal resulted in calls for impeachment. Fortas resigned from the bench in 1969 but denied any wrongdoing.<sup>[http://www.oyez.org/justices/abe_fortas/]</sup> The law firm that he started, Arnold, Fortas and Porter, refused to take him back and removed "Fortas" from its name. | | In early 1969, ''Life'' magazine ran a shocking expose about how Fortas had received $20,000 and a promise of annual payments for the rest of his life, and payments to his wife after he died, by a wealthy person facing conviction for insider trading. This scandal resulted in calls for impeachment. Fortas resigned from the bench in 1969 but denied any wrongdoing.<sup>[http://www.oyez.org/justices/abe_fortas/]</sup> The law firm that he started, Arnold, Fortas and Porter, refused to take him back and removed "Fortas" from its name. |