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- <text id=94TT0442>
- <title>
- Apr. 18, 1994: Old No. 3 Goes Home
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1994
- Apr. 18, 1994 Is It All Over for Smokers?
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- Old No. 3 Goes Home
- </hdr>
- <body>
- <p>By Margaret Carlson/Washington
- </p>
- <p> Presidents sometimes get better Supreme Court Justices than
- they deserve. After two mediocre nominees were rejected by the
- Senate in 1969-70, Richard Nixon finally chose Harry Blackmun,
- a prim Midwestern Republican the President knew could be confirmed
- and one he hoped would be a predictable lapdog to Chief Justice
- Warren Burger. Burger had been Blackmun's grade-school classmate
- in St. Paul, Minnesota, and had recommended him for the job.
- </p>
- <p> Nixon was right on the first count--the only criticism of
- Blackmun at his confirmation hearings was that the Eighth Circuit
- judge worked too hard--but wrong on the second. By the time
- "Old No. 3," as Blackmun called himself, announced his retirement
- last week, he had become the court's most reliable liberal voice.
- "This is a guy who came to the court thinking it was the role
- of the court to defer to government," says Yale law professor
- Harold Koh. But as Blackmun read the cases, he realized not
- all government was good. Only when a Democrat was in the White
- House did he feel it was safe to retire.
- </p>
- <p> Blackmun began as a Justice who blithely upheld a $50 fee for
- poor people filing for bankruptcy, since all it took was giving
- up movies and cigarettes for a week. But as in baseball, where
- he passionately rooted for the hapless Chicago Cubs along with
- his hometown Minnesota Twins, he came to defend the underdogs
- in life: blacks, women, gays, aliens, Native Americans. By 1977,
- in a dissent from the majority's denial of funds for Medicaid
- abortions, he was aware of " `another world' out there, the
- existence of which the Court, I suspect, either chooses to ignore
- or fears to recognize." Just two months ago, he came to the
- defense of life's greatest losers when he pronounced that "I
- shall no longer tinker with the machinery of death." In a society
- where those who cannot buy high-priced lawyers are disproportionately
- executed, he wrote that "whether a human being should live or
- die is so...rife with all of life's understanding, experiences,
- prejudices and passions--that it inevitably defies the rationality
- and consistency required by the Constitution."
- </p>
- <p> Blackmun may have pleasantly surprised those who worried that
- he would be a Burger clone, but his move to the left made him
- perhaps the most vilified Justice in history. Although he would
- wish to be known for more, Blackmun will largely be remembered
- for writing the 1973 majority opinion in Roe v. Wade, establishing
- a woman's right to choose an abortion. He probably set a record
- for judicial hate mail, 60,000 pieces, calling him everything
- from the Butcher of Dachau to Pontius Pilate. At a recent speech,
- he read from one: " `You are the lowest scum on earth'--signed
- by `an American Patriot.' "
- </p>
- <p> While his judicial philosophy changed over the years, his personality
- did not. Amid the pomp and majesty of the court, he remained
- a modest and unassuming man. He lived with his wife of 53 years,
- Dottie, in a modest apartment in the unfashionable high-rise
- canyon of Rosslyn, Virginia, and drove an old blue Volkswagen
- to work most of his days. His only eccentricity has been his
- absolute devotion to routine. One egg, toast and coffee every
- morning at 8 a.m. in the court cafeteria with his clerks; a
- four-block walk around the building at lunchtime, along with
- a visit to the decrepit exercise room in the court's basement.
- On Saturday nights he and his wife listened to A Prairie Home
- Companion's Garrison Keillor, who dubbed his fellow Minnesotan
- "the shy person's jurist."
- </p>
- <p> At a celebration with 100 friends on his 85th birthday last
- November, he took Dottie out on the dance floor of the Bavarian
- Beer Garden near Baltimore and vowed to spend more time with
- her. On Wednesday he made good on that promise, a much different
- man than Nixon appointed. And much better.
- </p>
-
- </body>
- </article>
- </text>
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