Neutral no more: Can the Supreme Court survive an era of extreme partisanship?
On February 23, 1857, Supreme Court Justice Robert Cooper Grier (my multi-great granduncle) wrote President-elect James Buchanan one of the most infamous letters in the history of American jurisprudence.
In it, Justice Grier outlined for the incoming US chief executive the decision reached by the court in Dred Scott v. Sandford, a case in which an African-American slave had sued for his freedom on the grounds that he had lived for years in regions of the country where slavery was illegal.
Mr. Buchanan had been meddling in the case for some time. Via another justice who was a close friend, he was pushing for a broad decision that might legitimize slavery and, he thought, end the national uproar over the issue for good.
Grier was a key lobbying target. He was a Pennsylvanian and, like Buchanan, a Democrat. If Grier voted to deny Mr. Scott his freedom, the decision would appear less sectional, Buchanan thought. Grier agreed.
The February 23 letter let Buchanan know, in confidence, what the court would announce in early March, and how Grier and others would vote. It ended with a coda hinting at the writer’s understanding of its clandestine and explosive nature.
Kavanaugh hearingsAn uptick in 5-to-4 decisionsA stain on the Court’s record