Extensions of Remarks

16144 EXTENSIONS OF REMARKS June 18, 1985 EXTENSIONS OF REMARKS JUDGE BAZELON RETIRES the land after the Supreme Court, and he to consider that these people never had a was one of the nation's most celebrated and chance, to see the unfairness of it, to look at controversial jurists. what's going on." HON. DON EDWARDS Now the tides of history are running Such sentiments are out of tune with the OF CALIFORNIA against much of what he stands for, and he current mood in political Washington and in IN THE HOUSE OF REPRESENTATIVES is stepping down. the Supreme Court under Chief Justice Tuesday, June 18, 1985 The old crusading fire still burns bright, Warren E. Burger, who was Judge Bazelon's flickering across the expressive face, radiat most bitter ideological adversary on the ap e Mr. EDWARDS of California. Mr. ing through the gesturing hands. But Judge peals court. Speaker, David L. Bazelon, judge of Bazelon, who is 75, has not been feeling But in the nation's leading law schools, the U.S. Court of Appeals for the Dis well, and he wants time to work on a book. where many of his 70 law clerks are profes trict of Columbia, has announced his He announced his retirement last month. sionals, Judge Bazelon's influence remains retirement. HE BECAME SENIOR JUDGE strong. His carefully drafted opinions are a Judge Bazelon, who sat on the ap Thus ends a judicial career that began in favorite teaching tool, according to Prof. peals court here for almost 36 years, 1949 and in which he spearheaded the ideo Alan Dershowitz of Harvard Law School, a 16 as chief judge, will be remembered logically divided court's liberal majority former Bazelon clerk, because they force before becoming a senior judge, with a re students to grapple with hard questions in legal history as one of the giants in duced caseload, 30 years later. rather than to memorize easy answers. the development of the law. It can be A hero to many liberals, he was assailed For Judge Bazelon, characteristically, re said with accuracy that the decent in by conservatives and some legal scholars as tirement represents a chance to start a new stincts of our country have been en too soft on crime, too quick to read his own project. "What I really want to do is to couraged and strengthened as a result policy preferences into the law, too eager to write on what all this is about," he said with of the work of this celebrated jurist. extend judicial power into new areas. a wave around his office. "I think I've got Fortunately for America, Judge Ba His many admirers reject such criticisms something to say. I'm really excited about zelon will continue his work in writing, and say he has not been a purveyor of liber it." al orthodoxy but a pioneer in confronting SAMPLE BAZELON VIEWS lecturing and scholarship. In addition injustices that fester under conventional to the enormous contributions he has The right-wrong test, which considers legal thinking, in challenging the status knowledge or reason alone, is an inadequate made in the past, we can look forward quo. guide to mental responsibility for criminal to a dialog from David Bazelon that Judge Bazelon once said he sought "to behavior. An accused is not criminally re will "blaze a path for other judges, infuse my consideration of legal principles sponsible if his unlawful act was the prod and grapple with questions that no with the passion and pain of life in our soci uct of mental disease or mental defect. one has yet considered,'' to paraphrase ety." In doing so, Justice William J. Bren Juries will continue to make moral judg the words of his good friend, Supreme nan, Jr., a close friend and regular luncheon ments. But they will be guided by wider ho companion, once said, he blazed a path for rizons of knowledge concerning mental Court Justice William J. Brennan, Jr. other judges by "grappling with questions Mr. Speaker, I ask that articles from that no one has yet considered, searching life.-Durham v. United States, 1954 the New York Times and the Wash Day after day I found myself reviewing for answers to problems that do not yield to the convictions of persons who had commit ington Post, be included below: quick analysis." ted horrible acts of violence. The over [From the New York Times, June 11, 19851 His hundreds of judicial opinions helped shape the law on issues including the rights whelming majority of defendants came SPOKESMAN FOR LIBERALS WATCHES TIDE of criminal defendants and mental patients, from the very bottom of our society. I didn't FI.ow OUT communications law, the Freedom of Infor need Rorschach tests and EEG's to explain <By Stuart Taylor, Jr.) to me the causes of crime. The jury's consid mation Act, civil rights, environmental pro eration of the issue of criminal responsibil WASHINGTON, June 10.-David L. Bazelon tection and more. sat by a window that looks out on the Cap He has also been a prolific speaker, writer ity is an opportunity for a cross-section of itol Dome, in which praise and scorn for his and joiner of organizations, with a special the community to confront the culture of rulings once echoed, and talked about what poverty, to see its pernicious efforts, to un interest in bringing scientific insights into derstand the crushing reality of deprivation, has made him tick as a judge. the legal process. "I've been into every ignorance and despair. We will never resolve "I was the youngest of nine kids," he re thing," he said in a recent interview. called. "My father died when I was 2 and he In his most famous decision, Durham v. the problem of crime without first address left us nothing. That's something you live United States, in 1954, he sought to broaden ing its roots in poverty and social injus with as you move up." and revitalize the insanity defense, to open tice.-Speech, November 1983 He paused. The stately office in the courtroom doors to psychiatric insights into For nearly 200 years of this nation's histo United States Courthouse exuded power the roots of crime, and to spare from pun ry, few blacks, Hispanics would have and prestige; lawbooks line the walls, a 1967 ishment those whose actions were "the thought of taking their claims to court. signed portrait of the Supreme Court under product of mental disease or mental defect." They knew they would receive no hearing the late Chief Justice Earl Warren hangs by This new definition of legal insanity was there. If the so-called "litigation crisis" is the door. later abandoned by his own court and re due in any significant part to the increase in "If I look back and ask, why am I this jected by Congress. But Judge Bazelon's social expectations of the disadvantaged and kind of guy?" he continued. "There was a opinion started a nationwide debate about to society's growing sensitivity to these sensitivity. It wasn't anything planned. You criminal responsibility and mental illness issues, and I believe it is, then in my opinion see somebody hurting and you understand that has outlived the Durham ruling. the increase in litigation is a healthy one. Speech, June 1983 what hurt is." HE DISAGREES ON CRIME'S SOURCE THIRTY YEARS ON CUTTING EDGE For him a broader insanity defense repre [From the Washington Post, May 21, 19851 This sensitivity, together with driving am sented a step towards recognition that U.S. COURT OF APPEALS JUDGE BAZF-LON To bition, intellectual curiosity and boldness in crimes often resulted from poverty, social RETIRE using judicial power, put Judge Bazelon on injustice and mental illness, not free choice the cutting edge of the liberal activism that to do evil. Throwing offenders into "the <By Lawrence Feinberg and Saundra transformed American law and life between savage jungle that is our prison system," he Saperstein) 1950 and 1980. has said, is no solution. U.S. Court of Appeals Judge David L. Ba He was Chief Judge of the United States In recent years he has sharply criticized zelon, who personified liberal activism for Court of Appeals for the District of Colum President Reagan's suggestions that poverty more than three decades on a court often bia Circuit from 1962 to 1978, an era when it does not cause crime. "I don't know how called the nation's second most powerful, was breaking new legal ground on broad we're going to make this a better world," he said yesterday that he will retire from the issues. His court was as influential as any in said in the interview, "but we ought at least bench. e This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor. June 18, 1985 EXTENSIONS OF REMARKS 16145 Outspoken, activist, creative and contro factors before licensing the Vermont May issue of the Merrick Community versial, Bazelon has sat on the appeals court Yankee Nuclear Power Plant, but Justice Center newsletter. While this is a fit here for almost 36 years-16 of those as its William Rehnquist, who wrote the opinion, ting tribute to Kitty, an even greater chief judge. said the appeals decision was an example of His career spanned the terms of eight "judicial intervention run riot" and excori tribute to her life is that through her presidents, beginning with Harry Truman. ated Bazelon for "Monday morning quarter example her children now have the He held sway over the court as it produced backing" of administrative agencies.

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