1990 YEARBOOK OF THE SUPREME COURT HISTORICAL SOCIETY OFFICERS

Honorary Chairman - Warren E. Burger, Chief Justice of the United States (1969-1986)

Chairman - Erwin N. Griswold

President - Justin A. Stanley

PUBLICATIONS COMMITTEE

Kenneth S. Geller (Chairman ), Michael H. Cardozo, Alice L. O'Donnell, E. Barrett Prettyman, Jr.

BOARD OF EDITORS

Michael II. Cardozo (Chairman), Walter Gellhorn, Craig Joyce, Michael W. McConnell, David O'Brien Charles, Alan Wright

MANAGING EDITOR

Clare Cushman

CONSULTING EDITORS

Patricia R. Evans, David T. Pridem James J. Kilpatrick, Kathleen Shurtleff

The Supreme Court Historical Society

BOARD OF TRUSTEES

Honorary Chairman - Warren E. Burger, Chief Justice of the United States (1969-1986)

Chairman President - Erwin N. Griswold

First Vice President - Alice L. O'Donnell, Justin A. Stanley

Vice Presidents - J. Roderick Heller, III Frank C. Jones, Virginia Warren Daly, Peter A. Knowles

Secretary Treasurer - Noel J. Augustyn

General Counsel - Larry H. Averill, Jr., Robert S. Banks, Ralph E. Becker, Barbara A. Black, Hugo L. Black, Jr., Robert L. Breeden, Vincent C. Burke, Jr., Patricia Dwinnell Butler, William T. Coleman, Jr., F. Elwood Davis, William Edlund, Thomas W. Evans, Charles 0. Galvin, Kenneth S. Geller, Frank B. Gilbert, S. Howard Goldman, William T. Gossett, Francis M. Gregory, Jr., Geoffrey C. Hazard, Jr., Lita Annenberg Hazen, Joseph H. Hennage, William Jackson, Stanley N. Katz, Bruce E. Kiernat, James J. Kilpatrick, Earl W. Kintner, Rex E. Lee, Sol M. Linowitz, Howard T. Markey, William Barnabas McHenry, Richard A. Moore, Norman E. Murphy, Phil C. Neal, Dwight D. Opperman, Charles B. Renfrew, John R. Risher, Jr., William P. Rogers, Walter S. Rosenberry, III, Kenneth Rush, Fred Schwengel, Bernard G. Segal, John C. Shepherd, Chesterfield Smith, Obert C. Tanner, M. Truman Woodward, Jr., J. Jonathan Schraub

Executive Director - David T. Pride

Assistant Director - Kathleen Shurtleff

The Supreme Court Historical Society is a private, nonprofit organization, incorporated in the District of Columbia on November 20, 1974; its purpose is to promote greater public understanding and appreciation of the history and heritage of the Supreme Court of the United States.

Since its inception, the Society has sought to preserve through acquisition items that have been associated with the Court over the past two centuries. The personal memorabilia of former Justices and period furnishings already acquired through the efforts of the Society enrich the physical and educational environment of the Court.

The Society seeks to further public awareness of the Court through the publication of a quarterly newsletter and an annual yearbook, and through the support of continuing research. The Society jointly sponsors with the Court the Documentary History Project: 1789-1800, which is engaged in collecting, editing and preparing for publication the records and papers of the Court's first decade. This past year the Society also sponsored the Opinions Index Project, which became the first complete citation index of the opinions of the Supreme Court organized by author ever published.

Although supported through public grants and private donations, the Society is primarily a membership organization, dependent upon its members for its principal support and general maintenance. As the work of the Society is made possible by its members, so are its achievements and accomplishments. Membership is available to any individual interested in helping to preserve the past to enrich the future. Currently, some 3,600 members nationwide are working together to meet this rewarding challenge.

The Society has been determined eligible to receive tax deductible gifts under Section 501 (c) (3) under the Internal Revenue Code.

The Officers and Trustees of the Supreme Court Historical Society would like to thank the Charles Evans Hughes Foundation for its generous support of the publication of this Journal.

This year, as we celebrated the bicentennial of the Supreme Court and reflected upon those first sessions at the Royal Exchange Building in New York City, the editors of this publication decided it was time for a title change. To better convey the content of the Yearbook, and to index it more easily, with this issue the Yearbook of the Supreme Court Historical Society officially sports a new title: Journal of Supreme Court History.

1990 witnessed the retirement of William Brennan and his career become history instead of active service on the Court. Fitting tributes to Justice Brennan's place in the history of the Court will appear in the 1991 issue. For this edition, the editors can only say a few words of fond farewell and express a wish for many years of contentment in retirement.

Most of the history of the Court during the past three decades reflects the influence of Justice Brennan's philosophy of the meaning of the Constitution. Under the umbrella of that philosophy, individuals in the United States have a fuller measure of freedom to speak, to worship, and to defend themselves than ever before.

Justice Brennan's views about the freedom and rights of individuals were expressed in many majority and dissenting opinions. Like the reputation of Justice Holmes, however, three quarters of a century before, the measure of the quality of a career on the Court is not how often a Justice speaks for the whole Court. The opinions of Justice Brennan, for the Court and in dissent, are a treasury of constitutional exposition that will enlighten students, scholars and jurists far into the future. His great contributions to the history of the Supreme Court will enrich and color the pages of future Journals of this Society.

This year also saw the death of another major contributor to Supreme Court history, Arthur Goldberg. This issue of the Journal appropriately contains tributes to Justice Goldberg's remarkable career in many government and private roles, as well as his service to the Court.

Readers will note that our cover this year is a picture of Associate Justice Joseph Story and that a brief biography of the Massachusetts Justice appears on page

17. Having featured eleven Chief Justices in prior years, we are now starting to reproduce portraits of Associate Justices whose careers are touched upon in articles in the accompanying issue.

The Editors