Amusing aside

I was curious as to who Justice McReynolds linear "descendant" was and found it amusing that it's Justice David Souter! In a way Justice Souter seems the perfect person to take over for Justice "Ebenezer Scrooge". Both are bachelors, although Justice Souter's attitude toward woman is (I hope) not misogynistic. I know Justice Souter was engaged whereas McReynolds wouldn't have touched a woman with a barge pole. In fact, Justice Souter appears to have the opposite disposition from Justice "Grumpy Drawers" McReynolds. Not to mention McReynolds was a Southerner and Souter is a Damnyankee. At least Souter is an episcopalian and not a Jew. I can imagine how McReynolds would be spinning in his grave if he was eventually replaced by a Jew.


Talk about the odd couple!

Although according to Jeffrey Toobin's book, The Nine, Souter has a decidedly low-tech lifestyle. He writes with a fountain pen and does not use email. He has no cell phone, no answering machine, and no television. I wonder what Justice Souter's opinion is of wrist watches? Justice Souter has a reputation for being a strong guardian of the Court's institutional integrity. A traditionalist in this regard, he famously stated, in response to proposals to videotape oral arguments before the Supreme Court, "I can tell you the day you see a camera come into our courtroom, it's going to roll over my dead body."

I think Justice McReynolds would appreciate that last opinion! Even though McReynolds had no loyalty to the institution of the Supreme Court, he probably wouldn't appreciate media technology in the Courtroom either. McReynolds was also a man from another era. Most people call McR a caveman. I would love to know what McReynolds would think about today's SCOTUS!

Although, I am not sure what could get Justice McReynolds to like a person. McR was the opposite of Will Rogers in that McReynolds never met a man he DID like.

Justice Souter is much more "politically correct" than Justice McReynolds. That's not hard though. I think Justice Thomas is more politically correct than McReynolds was. McReynolds wouldn't survive Senate scrutiny today with some of his comments, especially what he called Howard University. McReynolds was also notoriously insensitive. I can imagine hear McReynolds expounding on Justice Thomas! I can also imagine Justice Thomas lynching McReynolds.

Justice Souter was called the "stealth justice" since his professional record provoked no real controversy and provided very little paper trail. That is a big difference from McReynolds who couldn't keep his nasty opinions to himself. Stories about McReynolds are rather abundant. In fact, it was due to controversy that McReynolds was made a Supreme Court justice.

Although, Justice Souter looks as if he could tame McReynolds's abrasive personality with Souter's sunny disposition in his official photo. I mean Justice Souter looks like a really likable guy: maybe even likable enough for McReynolds. McReynolds looks like the arrogant SOB he was. Actually, I am of the opinion that Oliver Wendell Holmes was correct when he said of McReynolds: "Poor McReynolds is, I think, a man of feeling and of more secret kindliness than he would get credit." Given that McReynolds and Holmes got along, maybe the geographic differences wouldn't be too much of a problem for Souter and McReynolds.

The thing which makes me think of Justice Souter and McReynolds as being similar is that they were considered conservative at one point. McReynolds is considered the creator of the right in Roe v. Wade. Justice Souter defied all expectations and voted to uphold Roe v. Wade in Planned Parenthood v. Casey, 505 U.S. 833 (1992). Justice Souter said after he was sworn in as Associate justice: "The first lesson, simple as it is, is that whatever court we're in, whatever we are doing, at the end of our task some human being is going to be affected. Some human life is going to be changed by what we do. And so we had better use every power of our minds and our hearts and our beings to get those rulings right."

Like McReynolds, I think that Justice Souter will follow the Collective Right approach in DC v. Heller. I found it interesting that Justice Souter raised the Aymette comment about hunting mentioned in another post.

McReynolds would truly respect Justice Souter if the latter could get the Court to show dignity and follow its precedent.

Of course, McReynolds could haunt the court with the chains that "he forged throughout these years" if they didn't.