This passage provides a detailed look into the handling and preservation of Supreme Court justices' papers, which can include early opinion drafts, memos distributed among the justices, law clerk bench memos, personal correspondence, and more. Here are some key points:
Preservation and Access:
- No Federal Law: Unlike presidential records, there is no federal statute governing how Supreme Court justices handle their documents.
- Personal Property: Each justice decides what to do with their papers and when they should be made public.
Historical Examples:
- Justice Louis Brandeis: Began donating his papers to the University of Louisville before retiring in 1939, setting an early precedent for systematic preservation.
- Justice Thurgood Marshall: Donated his papers to the Library of Congress with instructions that they be opened upon his death. This led to immediate public access and some controversy among other justices.
- Justice Harry Blackmun: His extensive collection became public in 2004, revealing detailed exchanges on cases like Roe v. Wade.
Restrictions:
- Chief Justice Warren Burger: Chose to restrict his papers until the last of his colleagues died or 2026 (whichever is later), now set
Read the full article at SCOTUSblog
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