a mad tea-party
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April 07, 2003
Judicial Style

In 1966, Chief Justice Warren sent the following memo to Justice Fortas:


Recently an article appeared in a leading Washington newspaper in which the distinguished Mr. Justice Fortas mentioned that “black robes were too awesome for the Members of the Supreme Court of the United States.”

After consulting with several designers of considerable note, the enclosed robe is submitted for your consideration.

If the color combination is too subdued and lacking in color, the following suggestions may be helpful.

Of course, this momentous decision may not be unanimous as the Chief Justice might think it would add fervor to the accusations already made, so he would probably favor Blue and Gold (University of California colors.)

Mr. Justice Black would obviously object because the present color of the robe, and his name, are synonymous.

Mr. Justice Douglas might prefer a “robe of many colors” as worn by Joseph in the Bible, to match the vivid neckties he formerly wore. However, he may have an open mind as he has recently been wearing more subdued and somber neckties.

Mr. Justice Clark would no doubt take offense as he is so loyal to the color of the “yellow rose of Texas.”

Mr. Justice Harlan will dissent regardless of the color.

Mr. Justice Brennan naturally, being of Irish heritage, would insist most emphatically on Kelly green.

Mr. Justice Stewart might object to the crimson red as it might detract from his bronzed sun-tan. Royal purple might be a substitute, but might raise the question of a number of “reigning monarchs.”

Mr. Justice White would surely agree that the color white should be ruled out – because of the obscenity cases.

Perhaps your next alternative, Abe, would be to consider the furs of the animal kingdom, such as zebra, mink, silver fox, moleskin, kangaroo, beaver, raccoon, and Persian lamb. On second thought, this leaves the road open to those (opponents) who might should “dirty skunk,” and, Abe, that would be difficult to “weasel” out of.

If I can be of any further help, PLEASE don’t hesitate to command me.

Servicefully yours,


P.S. For your information, appropriate and becoming wigs have been forwarded to you for your approval.

Justice Fortas sent the following reply:

There is a great clothes designer named Pucci. He might have some interesting ideas. We should also ask Chanel and Schiapanelli and Elizabeth Arden to enter the competition (or do they make only perfume – if so, that won’t quite cover the situation, or the situations). But I do think we should have an international competition. We could give one Writ of Certiorari as the prize. The rules of the competition should be carefully drawn. Some Californians might submit a proposal for a topless robe. We should avoid temptation by excluding this at the outset.

Of course, my vote is predetermined. I’m for the crimson robe, with leopard trim and corol – I think corol is correct – but maybe it’s part of an automobile, like the exhaust pipe. I don’t think I said anything as silly as the statement quoted in the papers – but maybe I did. If the robes are too awesome, maybe bathing suits would do. But the Court has always guarded its secrets, and this is no time for initiating disclosure.

From the Warren Papers, Box 352.

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