Abe Fortas: A Biography

We don't hear much about Abe Fortas (1890-1910) these days--the last time I saw a reference to him was in connection with the allegations of cronyism levied at Harriet Miers during her brief period as an Associate Justice nominee. This judicial biography first appeared in 1990, and it continues to be the definitive analysis of Fortas, his public career, and his private life. The book reflects the typical Laura Kalman thoroughness (there are some 83 pages of invaluable notes), clarity of writing, and cogency of analysis. No other book, monograph, or article can compare with the author's acute and perceptive analysis of this most interesting figure (although Bruce Murphy's somewhat "sensational" biography is a definite contribution). While Fortas' (now) late widow, Carolyn Agger assisted in providing information, this is by no stretch an "authorized biography"--Kalman is plenty critical of Abe at various points. Fortas had just a fascinating life even before he joined the Supreme Court. The book is organized in three sections, begining with "New Dealer," which covers Fortas student years at Yale Law School, his work with Jerome Frank (another legendary character) at the AAA, his brief stint teaching at YLS, his move to the SEC under Bill Douglas, and his eventual rise as an Under Secretary to Harold Ickes at Interior. All this before he was even 35 or so. The second section is devoted to Fortas as "Washington Lawyer," of great interest to us D.C. legal types. Here is discussed the formation of Arnold, Fortas, & Porter, its involvement in the early loyalty cases and Congressional investigations of Communist infiltration (?) during the 1950's, and Fortas' masterful argument in Gideon v. Wainwright ensuring the right to counsel in serious federal criminal cases. Kalman interviewed a number of the members of the firm during this period, including Abe Krash, as sources. The next section focuses on Fortas as a Justice and how he got there and why he resigned. Here Kalman is particularly effective in not only analyzing the unique long-standing relationship between LBJ and Fortas, but in dispelling the still often heard myth that Fortas didn't want the nomination and was forced into it by Johnson. This is one of the strongest sections of the book. There is some interesting discussion of one of Kalman's favorite topics, Yale Legal Realism, and how this might have impacted on the Justice. His continuing role as advisor and even participant in LBJ Vietnam policy is dissected. The financial improprieties that led first to Fortas' withdrawl as a nominee for Chief Justice, and eventually to his resignation from the Court are dealt with in a highly analytical and non-judgmental manner. The involvement with the Nixon administration in forcing Fortas off the Court is also examined, though I must disagree with Kalman that the meeting between the creepy Attorney General John Mitchell and Earl Warren where potential incriminating information was disclosed

Laura Kalman's biography of Abe Fortas is a fascinating look at the life of one of this country's most controversial judicial figures. Fortas, whose nomination as Chief Justice of the Supreme Court was blocked by LBJ's political opponents, emerges from the book as a sympathetic figure, a wise counselor and judge, and, fundamentally, human. Kalman has done her homework, meticulously researching the life and times of Fortas to create what should stand as the definitive work on his life for some time to come.

I do believe the first "reviewer" is a right-wing hack who has never read the book, but just wants to trash it. That review should be deleted.Justice Fortas is one of the most abused figures in American jurisprudence. Ms. Kalman, using various facts not cited by the first "reviewer" (because the first "reviewer" didn't know them, because he/she hadn't read the book he/she was dissing), particularly Fortas' stellar work in the field of civil rights and for the poor of all races (the Gideon case being a shining example), shows that Justice Fortas was a much better judge, a much better legal scholar, and a much better human being, than the persons that Nixon, Reagan and Bush nominated for the court - many of whom, such as the infamous Judge Carswell, later ended their lives in disgrace utterly eclipsing the politically-engineered humiliation of Justice Fortas.An engrossing read.