The U.S. Supreme Court, perhaps the most powerful institution of government, is also the most veiled. Unlike Congress which does much of its policy development in public, the nine justices of the Supreme Court purposely conduct most of their work behind closed doors. Except for snatches of exchanges between justices during oral arguments or within their opinions, rarely do we glimpse the justices' personality or interpersonal relationships.
That is why the opening of Justice Harry Blackmun's voluminous personal files by the Library of Congress is such a treasure trove for court watchers. Through the saved notes, letters and personal remembrances of Blackmun, who served on the high court for nearly a quarter century, the public has been treated to a firsthand account of the daily bumps, infuriations, teasings, anguishes and joys of the men and women who navigate this nation's constitutional waters.
Blackmun was considered a conservative from Minnesota when he was appointed to the court in 1970 by President Richard Nixon. He had been a lifelong friend of Chief Justice Warren Burger and notes indicate that both relished the idea of working together. However, as Blackmun's expansive view of the Constitution blossomed, his relationship with the staunchly conservative "Chief" whithered. Indicative of how Blackmun started feeling about Burger was a sarcastic notation he made about a draft opinion by the chief justice in 1978. "A regular law review article!" wrote Blackmun.
By the time Blackmun left the court in 1994, he was regarded as one of its most liberal members. This ideological evolution began in force after he wrote his seminal 1973 decision Roe vs. Wade.
"It is not a happy assignment - will be excoriated," he wrote. But the former general counsel to the Mayo Clinic had no idea. He was visited by a flood of angry letters, death threats and a bullet shot into his home. Blackmun spent the rest of his years on the bench defending and salvaging Roe, and in doing so, gained a confident voice as a champion for the equality of women and others. When asked in an oral history whether writing Roe was good luck or bad, the retired Blackmun said: "For me personally it probably was a matter of more good luck than bad. I think one grows in controversy."
Blackmun's files lay bare a fascinating byplay among himself and Justices Sandra Day O'Connor, Anthony Kennedy and David Souter, who had been expected to join a majority to overturn Roe. But a personal note from Kennedy informs Blackmun that his Roe decision is safe with them. "Dear Harry," Kennedy writes. "I need to see you as soon as you have a few free moments. I want to tell you about some developments in Planned Parenthood vs. Casey, and at least part of what I say should come as welcome news." The note's light touch demonstrates the respect with which these colleagues dealt with each other. The files indicate that even ideological foes often enjoyed each other's company and fellowship.
Among the most entertaining surprises to be found within the 1,500 boxes of papers are items that give us a peek into the personal side of the court. Justices apparently enjoy passing notes to one another during oral arguments. One from Justice Potter Stewart reads: "V.P. Agnew Just Resigned!! . . . Mets 2, Reds 0." And we learn that Chief Justice William Rehnquist set up an intricate pool for the 1992 presidential election with justices wagering on the results of each state. After the election Rehnquist announced that "Sandra (Day O'Connor) proved to be positively prescient," winning $18.30.
These are priceless insights into the workings of a generally secretive court that is often called upon to set the country on a new course.
Blackmun became a great contributor to constitutional jurisprudence due to the intellectual maturing he did during his years on the bench. The fact that he saved so many of his musings and the bits and bobs of court life makes his contributions to history greater still.
