Chapter 13 Chapter Ten Gorgeous Curtain Call

As Harry Blackmun often said, if there is an "outside world" beyond the daily experience of the justices, perhaps only a very small number of people like Joshua Decheny can experience this outside world. The cruelty of the world. In the fall of 1987, Joshua's case reached the Supreme Court.Joshua is a 4-year-old boy who lives in Winnebeg County, Wisconsin.Parents divorced at an early age, and the father exercises custody.While Joshua was hospitalized, doctors noticed multiple bruises on his body and suspected that he had been abused, so they notified the local social services bureau.After an investigation by the Social Services Bureau, it was concluded that there was no sufficient evidence to prove that the child had been abused. In addition, the child’s father had sworn that he would send the child to kindergarten, and he himself agreed to receive regular psychological counseling, so Joshua was handed over to his father. guardianship.However, the father's words were not what he meant, and the child's head was repeatedly injured, and the social worker who visited the home regularly did not care about it.A year later, Joshua was beaten to death by his father, his brain was permanently damaged, and he became mentally handicapped for life.Father Randy Decheny has pleaded guilty to child abuse.Subsequently, Joshua's mother sued the County Social Services Bureau in court, arguing that they failed to help the child out of known and predictable dangers, which amounted to deprivation of the child's liberty without due process of law.The lower federal court ruled that the government has no obligation to protect citizens from private violence and dismissed the mother's claim.

The case is tricky and has no clear precedent to draw on.The mother's appeal was clear: Shouldn't someone be held accountable for such a colossal negligence?However, her request does have something worthy of scrutiny.Can the Supreme Court set a standard that enshrines Joshua's rights as constitutional guarantees without burdening the government with ever being held accountable for any form of foreseeable danger to its citizens?Blackmun's assistant, Danny Ertel, suggested that he vote against DeShaney v. It is more appropriate to try to solve this problem when the case comes that can avoid adding an excessive burden to the government.For example, a prisoner sues the government for being injured in prison due to insufficient protection.

At the beginning of the 1987 trial session, the justices discussed for the first time whether the case should be accepted.Result of the first vote: rejected.However, Byron White quickly drafted a dissent accordingly and circulated it to the full justices.White, more than any other justice, has long insisted that the Supreme Court has an obligation to reconcile differences of opinion among different federal appeals courts in order to uniformly apply the law.In fact, another federal appeals court decision on the same issue contradicts this case.The court held that if the government finds that a child is in danger, it creates a "special relationship" with the safety of the child. This relationship requires the government to remove the child from a "dangerous domestic environment," Brennan and Marshall joined White's dissenting opinion.Blackmun then resolved to join "the opinion of the three," which meant that four agreed to accept the case.According to Supreme Court rules, the certiorari application in this case finally came back to life.The case was scheduled for trial in November 1988.

In his pre-trial memo, Blackmun wrote that while he was in favor of taking the case, he would "restrict it as much as possible" to confine it to child abuse. "This is dangerous territory that must be handled with care," he wrote. "If a state government puts a child in danger, when it realizes that danger has occurred or is about to occur, it assumes the constitutional obligation to take the child out of danger. obligation." The voting result after the trial was 6 votes to 3 votes, and the majority of justices agreed to maintain the original judgment and not support Joshua's mother's claim.Whitega joined the five justices who had opposed the case.Rehnquist decided to write the majority opinion in the case himself.Brennan announced that he would write a dissenting opinion on behalf of himself, Marshall and Blackmun.At this time, Blackmun has not expressed his opinion on whether to write an opinion. In January 1989, the first draft of Brennan's dissent was circulated, but the content of the opinion made Blackmun unacceptable.For example, Brennan pointed out that when police officers fail to keep a woman safe from rape or other crimes, they violate the victim's constitutional rights.Blackmun thought Brennan's definition was too broad and instructed clerk Edward Foley to draft a more restrained dissent.

Rehnquist submitted a first draft of the majority opinion that was circulated, much to the displeasure of Blackmun.The first draft was overly broad in content and relentlessly tone-deaf. "Previous precedent has shown that the Constitution's due process clause does not impose obligations on government to assist even when these obligations are necessary to save life, liberty, or property interests," the chief justice wrote, citing "Harris v. The McRae case is a case in which the government used the Hyde Amendment to deny financial assistance to abortions other than to save the lives of pregnant women.At the suggestion of John Paul Stevens, Rehnquist adjusted the content of the opinion and deleted some overly strong language.He originally wrote that the people of Wisconsin could choose a new system that would hold state officials accountable for similar failures in the future, but "they cannot take advantage of the Supreme Court's misinterpretation of the meaning of the Fourteenth Amendment's Due Process Clause, to push this forward," Rehnquist replaced the word "distortion" with "expansion," reminded Stevens.

While his assistants were busy drafting the first draft of the dissent, Blackmun began to write himself on a court pad.He began his opinion: "Poor Joshua!" A victim of repeated abuse by his own irresponsible, overbearing, brutal, and intemperate father, who was placed in danger by the neglect of the respondent, who knew and foresaw the tragedy, It’s a sad commentary on American life, but the constitutional principles — full of patriotism and proudly proclaiming “for liberty and justice for all” — make Joshua De Cheney spent the rest of his life as mentally handicapped.The appellants, Joshua and his mother, should have been given an opportunity to have their plight considered under the Constitution under Section 1983 of the Civil Rights Act, yet the Supreme Court has denied them such an opportunity.

Brennan eventually removed the passage that bothered Blackmun from his strongly worded dissent. "My dissatisfaction with the Supreme Court's majority opinion is that government inaction is sometimes as harmful as active action, and state governments have clearly assumed important obligations, but neglect to implement them will lead to the same effect as abuse of power." Brennan wrote.Blackmen added Brennan's comments and posted a separate dissent containing the "poor Joshua" passage. Of the hundreds of opinions Blackmun wrote on the Supreme Court, the one containing "poor Joshua" is the most well-known.Of course, from the perspective of judicial style, this is also the most controversial opinion.In the words of Judge Richard Posner, this is a kind of "free self-expression." Interestingly, Posner was the chief author of the judgment of the "Decheny case" at the stage of the Federal Court of Appeals.Blackmun's opinion has become a model of judicial documents and has been repeatedly discussed by future generations. In 2002, scholar Laura Krugman Ray once commented that the concurring opinions issued by Blackmun in the "Webster case" and "Casey case" all had a strong personal style.As for his opinion in the "Decheny case", it exhibits "an affectionate direct communication between a justice and his readers, which is neither artificial nor disguised by a certain neutrality. ".

Influenced by the opinion of the Decheny case, Blackmun received many enthusiastic letters praising his efforts for the public good.Someone said in the letter that he was surprised that he would praise a person nominated by Nixon.Blackmun wrote back: "Don't use Nixon's nomination against me. After all, I was his third choice." Later, Blackmun explained why he expressed his emotions in the dissent.He said that the majority ignored the rights and interests of individual citizens at the time. "These individuals we ignored are real people and will be deeply affected by our judgment."

Blackmun is now 80 years old. In the fall of 1990, shortly after William Brennan retired, he began drafting a farewell letter to all his colleagues.However, he may have done this just to test his determination to retire, and he put the letter on the shelf as soon as he finished writing it.That November, he had lunch with longtime friend Irving Griswold, former top government lawyer and dean of Harvard Law School.Blackmun admired this senior who was four years older than himself, and trusted his judgment.After the meeting, he wrote in "Important Events": "Greenswald told me that it was time to retire." However, it was not the time yet, because the "Roy case" was not out of danger.In the summer of the following year, Blackmun's old buddy, 83-year-old Thurgood Marshall, ended his 24-year career as a justice and officially announced his retirement.In this way, Blackmun became the oldest member of the Supreme Court, a full nine years older than the second-ranked member.As co-judge, he is now second only to Byron White in seniority.This also means that his seat on the bench is closer to the chief justice sitting in the middle. At the beginning of the court session in 1991, he wrote in the court record: "I am now at the center!" However, he added a sentence "the responsibility is also heavier." At this time, he still did not make up his mind to retire.

In 1992, two things made him think about retiring again.The first thing, O'Connor, Kennedy and Souter turned the tide in the "Casey case" and saved the "Roy case". The second thing was that Bill Clinton was elected president of the United States.After Clinton was sworn in, Blackmun wrote to congratulate the new president, saying, "I write this letter primarily to tell you that you have many friends 'out there' who will fully support you through the The most difficult weeks in my first tenure. As I travel, I can feel the freshness and new expectations everywhere, and the mutual understanding and mutual trust are gradually being formed. Of course, some things will not happen overnight, and some things will never happen. Impossible to complete."

At the beginning of 1993, Blackmun and Byron White often teased each other in private, and the topic was often about who retired first.White was appointed as a justice by his good friend President John F. Kennedy at the age of 40. He is also the only incumbent justice appointed by a Democratic president. "When we met in the lobby, he'd ask me, 'Are you retired?' and I'd be like, 'No, how are you?'" Blackmun later told The Associated Press.White is 75 years old, and his judicial philosophy is more conservative than Clinton. On March 19, 1993, White announced that he would officially retire at the end of this session. That afternoon, Blackmun received a letter from Anthony Kennedy. So begins "Dear Harry" Kennedy's letter. Blackmun wrote back quickly. He was touched by Kennedy's sincerity and expressed his gratitude.He said: After Warren Berger retired in 1986, four new justices have successively entered the Supreme Court. They are Kennedy, Antonin Scalia, David Souter and Clarence Thomas. A breath of fresh air for the Supreme Court.Berg's departure somewhat eased the ebb and flow of internal disputes at the Supreme Court.The efficiency of the Supreme Court under Rehnquist has improved significantly: meetings have become shorter, discussions have become more focused, and the assignment of judgment writing tasks has become more scientific.Reconsideration, which was almost routine in Berger's day, is very rare today.Some stereotypes within the Supreme Court are also gradually disappearing. In 1978, Blackmun complained to Berger that court rules prohibiting listeners from taking notes did not seem to make sense.Blackmun argues that at least members of the Supreme Court Bar Association, that is, those lawyers who are qualified to appear on the Supreme Court, have the right to take notes in court.For years, however, Berger remained silent on the suggestion. In 1988, on Rehnquist's initiative, the Supreme Court lifted a ban on members of the Trial Bar Association taking notes at trial. The other justices also respected Rehnquist, even if they sometimes disagreed.During this period, Blackmun's voting records show that his position has become increasingly liberal.According to Joseph Kobilka's statistics (see Chapter 8 of this book), during the trial period from 1981 to 1985, Blackmun agreed with Brennan in 77.6% of the cases and agreed with Marshall in 76.1% of the cases.From 1986 to 1990, his agreement with the two liberal justices rose to 97.1% and 95.8%, respectively.After the successive retirements of Brennan and Marshall, Blackmun has been recognized as the leader of the liberal wing of the Supreme Court. Although the new chief justice acts vigorously and decisively, he is very approachable in private.He likes politics and betting, and prefers to mix the two together. On January 20, 1987, Blackmun passed Rehnquist a note in the trial seat, which read: "Mr. Chief, in two years time, we will have a new president, who do you think it will be? Rehnquist replied that if a Republican was elected, it could be George HW Bush, or Senator Robert Dole of Kansas. "If a Democrat were elected," the chief justice wrote, "that would be an unpredictable dark horse." As a result, the Democratic nominee announced in 1988 was Massachusetts Governor Michael Dukakis, though far from the Is a dark horse, but certainly unexpected. Blackmun occasionally joins Rehnquist in Election Day bets. "Sandra got the president right," Rehnquist wrote in a memo circulated after the 1992 presidential election, after inviting bets on who would be elected president. .O'Connor was the only one to predict Bill Clinton would win in Georgia and Nevada, and he won $18.30.Rehnquist appealed to the justice who missed the guess to accept the bet and pay the money to O'Connor as soon as possible.Although Blackmun also guessed the result, the process was not as accurate as O'Connor's, and he only won $1.70. Among the notes that were passed around the courtroom was Rehnquist's little secret.For unknown motives, the Chief Justice once handed Blackmun a note that read: "My original name was William Donald, but in high school I changed my middle name to H (Hubbs is my grandmother's maiden name) In January 1993, William H. Rehnquist told Blackmun about this anecdote. For Blackmun, David Souter's succession from Brennan in 1990 heralded a positive, positive direction for the Supreme Court.He saw his shadow in this young man.Both are graduates of Harvard College and Harvard Law School; The first court session after assuming office was painful.Blackmun occasionally invited Suter to his home for dinner, and he lobbied him to take advantage of the summer recess to lecture with him at Osborne College in Colorado. For 20 years, Blackmun has given two weeks of lectures there each year on the theme of "justice and society".However, Suter declined his offer every time.Souter wrote back that he wanted to spend some time quietly in New Hampshire, "to think about how to deal with the affairs of the next court session and face the unexpected facts... I have to read more, more Think about it, think about what the Supreme Court is going to face in the future." The topics they exchanged were not always so heavy. One month after the "Casey case" was sentenced, Suter sent Blackmun a postcard with a photo of two men fishing on the lake. One of them was standing in the water and the other was sitting quietly on the bow. The title of the photo was printed on the postcard: "Row vs. Wade: s The Great Western Fishing Controversy."Suter told Blackmun that it was specially given to him for his collection. Souter and Blackmun often joked with each other in private.For example, in March 1992, Blackmun wrote in a slightly sarcastic letter that, as a child, he was told that an unknown ancestor in his family had been hanged in New Hampshire.Suter promised to "carefully investigate" the matter, saying "it's hard to imagine that someone would have tried to hang a man named Blackmun." In May, Suter reported on his investigation with the help of the New Hampshire attorney general. result.He said that in history, New Hampshire has executed a total of six people named Blackmun. "It's just breathtaking, and I'm amazed how no one talked about it when you were nominated to the Supreme Court in 1970," Suter added.He attached a list of the "Blackmen" who were executed: Esmeralda, Jedidia the "Butcher", Obidia, Lydia, Zechariah, Everett Blackmun the "Hatcheter"—"It's embarrassingly large," quips Suter.Blackmun wrote solemnly to state Attorney General John Arnold thanking him for his "research and learning." A year later, Souter wrote to Blackmun specifically, joking: Once there, I can't help but think of you and your family." Harry Blackmun and Antonin Scalia are simply opposite poles in terms of judicial positions.At that time, Scalia was the most conservative justice on the Supreme Court.However, both love to polish words and value the precision of language.Blackmun couldn't resist the urge to correct spelling and grammatical errors in any written document that fell into his hands.As soon as Scalia entered the Supreme Court, he entertained himself and established the "Chancellor'ss English Society" (Chancellor'ss English Society), and has the dual identity of the founder and sole member of the association.Blackmun was the only justice he invited to join.Although the two have vowed to disagree on the issue of abortion, they both detest the term "via-ble" and oppose its use in the judgment. The only consensus in . With the exception of Clarence Thomas, few justices have experienced the kind of drastic twists and turns in their admissions.To be sure, he was not Blackmun's ideal successor to Thurgood Marshall.But, as with his colleagues, Blackmun was quick to reach out to Thomas. In October 1991, a week after Thomas took the job, Blackmun invited him to breakfast.Thomas wrote a letter of thanks, saying, "You are so generous, and I would love to have the opportunity to sit and chat with you again." Six weeks later, the Blackmuns received a handwritten letter from Thomas' wife, Virginia, thanking They gave her and her husband a "grand and warm" welcome. Although Blackmun established a relatively friendly relationship with Thomas on a personal level at the beginning of his tenure, the ideological and ideological positions of the two are very different after all.After Blackmun expressed his disapproval of the death penalty in his dissenting opinion in Carlins v. Collins, conservative columnist Thomas Sowell, who was also a loyal supporter of Justice Thomas, wrote an op-ed denouncing Blackmun, saying he was nothing more than "a vain, superficial old man whom the media has deliberately extolled for the sake of ideology . . . Gaudy symbols," a St. Louis reader sent Blackmun the column, claiming to agree with it.Blackmun forwarded the article to Thomas for review.Thomas wrote back in his own letter, saying that Sowell had a good personal relationship with him, "My friend actually made you unhappy, which makes me very distressed, and I will remind him to pay attention in the future. At the same time, I also want to tell you that although I have not been in the Supreme Court for a long time, But have been positively and profoundly influenced by you. My deepest respect, Clarence." In the fall of 1993, Blackmun began working on his own letter of resignation.At this time, Byron White has retired honorably, and Ruth Bader Ginsberg has successfully passed the Senate confirmation and is about to take office.Although Ginsberg has doubts about the idea of ​​the "Roe v. Wade case", her replacement of White can at least ensure that the "Roe case" will not be overturned.What's more, a pro-choice president is in the White House. In December 1993, Blackmun told Clinton in private that he was seriously considering whether to retire at the end of this court session.The president and his staff did not publicize the matter publicly, but they have secretly started the search for a successor. On March 29, 1994, during the hearing, Blackmun handed Rehnquist a pink post-it note torn from the Supreme Court blotter, which read: "Can you spend 5 to 10 minutes this week with me Shall we talk? Like after Wednesday's meeting?" Rehnquist had vaguely guessed the purpose of Blackmun's interview, and he scribbled a big "Yes!" on the paper and returned it to Blackmun. News of Blackmun's imminent retirement spread quickly in Washington political circles. "Rumours are flying," Blackmun wrote in "Major Events" on April 4, 1994. Two days later, at the White House, accompanied by President Clinton, he officially announced his retirement. "Exiting is not going to be easy, but the age is there and it's time to go," Blackmun said.In fact, he was 85 years old at the time, the fourth highest age among the Supreme Court justices.Clinton praised the retiring justice and referred to the "poor Joshua" sentence. "Those of us who read law are often lost in abstract concepts," the president said. "Those conventions, procedures, and legal jargon separate lawyers from those who seek justice. But Blackmun University The judge has always stood firm and decisive with the people of his country, always concerned about the interests of the people, and his full of human views are reflected not only in the majority opinion of the Supreme Court, but also in the dissenting opinions." Clinton added: "The Great Judge is not only his title, but also the light that guides his actions." Clinton also read aloud Blackmun's letter to himself: At the subsequent press conference, a reporter asked Blackmun how he viewed the "Roe v. Wade case." Blackmun said that this judgment "had a great influence on me at the beginning of my tenure." "I thought it was correct in 1973." , and it is still held true today. It is a step that must be taken if we are to embark on the road to the complete emancipation of women". Behind the praise and nostalgia, there are also various criticisms.During this period, Blackmun's office received many letters from anti-abortion activists. "Dear Justice Blackmun," one letter said, "thank goodness you are leaving. I want to tell you that you are nothing short of a monster when it comes to legalizing abortion. I hope all of your offspring will be aborted." ’” Another wrote: “If only your mother had put you down in the morning…” Blackmun, of course, would not reply to the letters, but he read them one by one, sometimes putting question marks next to certain passages.For example, someone wrote in a letter saying: "Great, you are finally getting out of the judge's job, and the taxpayers don't need to spend money to support you, an old bastard." The letter may not know that after the federal judge retires, he can still get full salary. Blackmun's colleagues have followed the usual practice and issued a statement of congratulations and farewell.David Suter's statement was the most special, consisting of only two words: "I dissent!" On the afternoon of April 6, he sent a personal letter: Clarence Thomas also sent a private letter. "I have enjoyed my time working with you, it has been an honor." He wrote, "I try to imitate your conduct in the world and the way you conduct business. Thank you for your outstanding example for those who come after you. Also, Harry, thank you for your kindness and sincerity during the very difficult first court session. Give me your heart and I will always be grateful. I wish you happiness forever." A week later, Blackmun received a letter from Scalia: "When you announced your retirement, I happened to be away on a business trip. This accident is not surprising at all. The English Association of the Chancery has to be dissolved. You are in the Supreme Court. Your work experience is enough to make you proud, and now you can retire with a good heart after a long run." Even the fiery Byron White wrote a sentimental letter.He said: "You have to believe that you have left a solid and meaningful mark on the federal judiciary over the years. Congratulations on such a great judicial career. Don't worry about retirement. Joy of life." Retired Justice Lewis Powell also wrote: "You will rank among the greatest justices of all time. I am honored to have you as a friend." Perhaps Warren Berger wrote something at the time, but at least I didn't find a single word from Berger in Blackmun's document marked "retired."A month later, Berg's wife, Vera Berg, died. On this day, it was only six months before the 60th wedding anniversary of Berg and his wife.Blackmun told Berger that he "deeply regrets" not being able to attend Villa's funeral because of "an unavoidable event" in Boston that afternoon, which happened to be his grandson's funeral. Blackmun had long agreed to be a guest speaker at his high school graduation ceremony, but he wasn't going to explain it to Berger in detail. Warren Berger died of a heart attack on January 25, 1995 at the age of 87.On this day, Blackmun wrote in the "Important Events": "Berger passed away." Now it's Blackmun's turn to make a formal statement. "For 17 years, Chief Justice Burger has served diligently and competently as the judicial head of our country," Blackmun wrote in a statement representing all retired justices.The statement was issued on behalf of the Supreme Court Press Office. "He was very imaginative and innovative, and he was committed to perfecting the judicial process and improving the efficiency of judicial management. I have known him for 80 years, and this is indeed a lifelong friendship. His departure, I feel very sad. Feeling lonely, as well as the rest of the Supreme Court." To honor Berger, Blackmun sent a check for $50 to the Supreme Court Historical Society in Berger's name. At the invitation of Berger's alma mater, the William Mitchell School of Law, Blackmun submitted a memoir for publication in the School's Law Review's "Memorial Berger Issue."Compared with the previous formal statement, Blackmun revealed more personal emotions in the text.Obviously, this article was written by Blackmun himself, not ghostwritten by a judge's assistant. "Of course, there are indeed differences between Chief Justice Burger and I on how to handle specific cases." He described the relationship between the two with considerable restraint, "These differences are sometimes principled, and even cannot be unified at all. He can be a little impatient when we have very different views. I don't know what he expects of me, but for sure he can't expect me to be a copy of his ideology. He knows that's not what I am Therefore, whenever I disagree with his opinion, he will make no secret of his disappointment, and it will be very obvious. This situation makes me very unhappy.” So far, this 3-page article Has been filled with nostalgia. "Warren Berger is now gone. He will be highly regarded for his service to our nation's justice. 80 years is more than a lifetime, and I am honored to have shared most of them with him." On June 30, 1994, Harry Blackmun appeared on the bench of the Supreme Court for the last time.On behalf of the justices, Chief Justice Rehnquist formally expressed his blessing to the retired colleague. "All colleagues are saddened that you have chosen to retire," Rehnquist read. "You are undoubtedly famous for authoring the 1973 opinion in Roe v. Wade, however, this cannot hide the For your distinguished service in cases on other issues, . . . we will miss you." In the morning, the Supreme Court pronounced judgments on 6 cases, two of which were written by Blackmun, one involving labor law, and the other involving the jurisdiction of the federal district court to approve the moratorium on the death penalty.However, the most high-profile judgment of the day was the "Mederson v. Women's Health Center Case" (MaxinemlTomeA Health Center Inc.) written by Rehnquist.The Supreme Court upheld an injunction issued by a Florida court that prevented a group of protesters from blocking the entrance to an abortion clinic.Scalia issued a fiery dissent on behalf of Kennedy, Thomas and himself. "Last day in court," Blackmun wrote in the day's "Key Events." On Aug. 3, his successor, Chief Justice Stephen Breyer of the First Circuit Court of Appeals, was sworn in.The new justice's assumption of office means that Blackmun's retirement has officially come into effect. Therefore, on this day, he recorded the major events of the day with one word: "Retired". His retirement is still busy.No longer subject to the various restrictions brought about by his status as a sitting justice, he began to frequently accept awards from abortion groups and women's organizations. "The truth is: You have saved more women's lives than anyone else in American history," feminist pioneer Gloria Steinman said when presenting him with the Reproductive Freedom Award in 1995.As long as he is in Washington, he will stay at the Supreme Court 4 days a week, and eat at the court restaurant as usual.David Suter would bring his favorite yogurt to Blackmun's office for lunch.Although Blackmun is no longer involved in Supreme Court discussions and decision-making, he has always followed all decisions. At the end of the 1996 court session, he saw that Scalia issued several emotional dissenting opinions in succession, and wrote a letter to comfort him: "Dear Nino: I know you have had a difficult year. But, after all, It's over, and when the next October comes, you can start a new chapter in your life with renewed energy and energy. Whether it is a team or an individual, we should not be easily discouraged. Hope you enjoy a good summer." Scalia wrote back: "It's very kind of you to write me these words! You're right, the end of this session is a period of discouragement for me compared to the nine sessions that have passed. I Been repeating myself and not seeing results. Hopefully by fall, things will improve. Encouragement from old colleagues really helps, God knows we don’t always see each other.” In early 1997, director Steven Spielberg invited Blackmun to play former Supreme Court Justice Joseph Storey in the movie Amistad.The film is adapted from a real case tried by the Supreme Court in 1841.In this case, a group of black slaves rioted on the slave ship. The Supreme Court passed the case and finally released 53 black slaves.Wanda Martinson, Blackmun's secretary, urged him to accept the invitation. "This must be a lot of fun!" she wrote.Blackmun notified the chief justice's office of the news, asking whether Rehnquist objected to his participation.Rehnquist's aides quickly echoed the chief justice's opinion.Martinson told Blackmun that the chief had no complaints, "he seemed amused and happy for you." In March of this year, Blackmun traveled to Newport, Rhode Island, to participate in the filming for two days.The former justice was paid the minimum wage, $540 a day.Blackmun has three lines in total, all copied from the original sentence in the court records of that year, such as the judgment in the final judgment: "We have passed this judgment unanimously, and find that these Africans are individuals with legal rights, and they have their own freedom. Blackmun's daughter, Nancy, and grandson, Nicholas, both made cameo appearances in the film. On November 12, 1998, Harry Blackmun's 90th birthday, the Supreme Court dining room prepared balloons and cakes and held a celebration.The chief justice and other justices, as well as the Blackmun daughters, were present at the dinner.来自加州阿纳海姆市的90名八年级学生正好在最高法院参观，他们受邀参加了庆祝活动，并齐唱《生日快乐歌》。 第二年二月，布莱克门在家里摔了一跤，导致臀骨骨折。他在弗吉尼亚州的阿灵顿医院接受了手术。1999年3月4日，为布莱克门担任了25年私人秘书的旺达·马汀森，群发了一封电子邮件给这位大法官的103名前法官助理：“我很遗憾地通知大家，我们的大法官今天凌晨去世了。”马汀森随后谈到一些细节： 我们即将（会）尽快将葬礼的详细安排告诉大家。 看到这封邮件最后一段的那个“删除线”所有人都忍不住会心一笑。凡是在布莱克门办公室工作过的人，文字都被他这样修改、校正过。 1999年3月9日，华盛顿市区尚弥漫着早春的雨雪，布莱克门的葬礼在这天举行。在接受公众吊唁前，阿灵顿国家公墓先为他举行了一次私人送葬仪式。布莱克门的家人特地租用了一辆蓝色大众甲壳虫车，载着他的骨灰，与一长列豪华轿车驶往墓地。沿路警戒的警察，都把这辆甲壳虫车当成临时混人的不速之客，多次挥手示意，试图将它驱赶出车队。（布莱克门的骨灰并非都葬在阿灵顿公墓。葬礼几夭后，旺达·马汀森与其他两名前助理来到最高法院，将一部分骨灰埋在法院西南角的一棵櫻花树下。当年，布莱克门最喜欢一边吃午餐，一边在窗前欣赏这棵树，还老说它是“我的树”随后，布莱克门的家人又将少量骨灰分撒在对已故大法官有特别意义的地方：奥斯朋学院、梅奥诊所和罗切斯特故居。） 尽管布莱克门在口述记录中回忆了许多人生片段，但从未详细描述过自己的经历。他曾在奥斯朋学院的一次演讲中说，能够供职于最高法院，是一段“奇妙的体验”但“并没有太多乐趣可言”在那里待了24年之后，“我觉得自己好像是一根在激流中漂浮的软木，随波逐流，被一股本人无法驾驭的力量驱使着”公众把布莱克门看作一位伟大的历史人物，可这并没有给他带来太多欢乐。他常说，他生命最快乐的时光；是在梅奥诊所与医生们一起渡过的。对他来说，梅奥诊所是一个温暖的避风港，而最高法院，只是他履行职责的地方。 布莱克门在自述中，把自己说成一个被动的人。难道，他真像一根在激流中随波逐流的软木么？其实，“软木”只是一个抽象的比喻，它掩盖了布莱克门面对挑战时的顽强决心。从哈佛寒窗苦读时表现出的坚韧不拔，到捍卫“罗伊诉韦德案”时的百折不挠，都是这种决心的体现。他的继任者，斯蒂芬·布雷耶在葬礼上，谈到他的“极度勤奋”“一个年过花甲的男人或女人，在与外界隔绝的办公室待了数十年，仍然保有开阔的眼界、思绪和精神，这样的人非常少见，但是，哈里·布莱克门做到了。” 或许，布莱克门的比喻，有着更为深远的寓意：他并非被动随波逐流，只是被潮水带入一个自己始料未及的领域。一旦抵达目的地，他会迅速脚踏实地，开展工作，其表现方式，是任何人也无法预料的。他的人生，并非由一连串偶然因素构成，但是，正是各种因缘际会，以及人们的反应，激励他不断丰富自己的人生。 1995年12月，他在口述历史的最后一部分，表达了自己许多真实感受。这个口述历史项目，是最高法院历史协会与联邦司法中心联合推动的。对他进行访谈，并整理口述记录的，是他的前任助理、耶鲁法学院教授高洪柱。高洪柱问他：“现在来看，您觉得自己作为'罗伊诉韦德案'的主笔者，是好事，还是坏事？”布莱克门说，多年来，他曾多次思考这个问题，最终认为，有幸受命撰写此案判决，是一件幸运的事。“我想，人总是在争议中成长。”他说。他还提到自己的好友索尔·利诺维茨。后者是一位杰出的华盛顿律师，30多岁就与人合伙创立了大名鼎鼎的施乐公司。利诺维茨曾告诉布莱克门：“我深信，一个人一生中总得做点儿像样的事，尤其是在事业之初。'罗伊案'就是那种每位大法官一生中必须办过一件的案子。” 布莱克门常抱怨说，他知道自己会“带着'罗伊案'走进坟墓”尽管这个案子是最高法院以7票对2票达成的判决，也尽管他在其他法律领域，也曾撰写过数百份判决意见，但是，人们对他的印象，始终与“罗伊案”连在一起。在最高法院历史上，很少有一个案子，会与判决意见主笔者产生如此密切的关联。人们把“罗伊案”归因为布莱克门的个人功劳，其实是对最高法院实际运作模式的误读，也给他造成很大困扰。他向来抵触世人把他视为“罗伊案”判决的惟一作者。但是，他还是妥协了。既然抵触无用，不如将自己与“罗伊案”牢牢绑定，并最终成为此案判决的坚定捍卫者。沃伦·伯格万万没有想到，他原本只想让自己信得过的好友，撰写一份可能不太受欢迎的判决意见，由此却将布莱克门带入一段全新的旅程，并令他俩在司法理念上渐行渐远。伯格把布莱克门引人一段危险水域，没有留下任何救生工具，便撒手而去。布莱克门只好默默向上游，在维护旧传承的过程中，创立了属于他自己的司法遗产。他也因此真正成为了大法官哈里·布莱克门。

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Notes: ，生活·读书·新知三联书店2004年版。