Oral Biography of Hon. Harry A. Blackmun

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Hon. Harry A. Blackmun
June 27, 1995
Page 262

almost persuasive evidence of the answer to the case that is excluded for the reasons the exclusionary rule came into being.

HK: With respect to Miranda, Chief Justice Burger once wrote that had he been on the Court when Miranda was decided, he would not have voted for Miranda. On the other hand, he would not vote to overrule it, because he felt that police practices had begun to adjust to Miranda. What do you think Miranda's impact has been on criminal justice?

HAB: Oh, probably the impact has been an the plus side, and Chief Justice Burgers approach, I think, is typical of him, that he would not have voted for it in the first place, but ha accepted it and can live with it. I have nothing further t4 say on that one.

HK: In this term that we're now discussing, October Term 1975 there was one very happy incident and then a set of sad incidents. The happy incident was July Fourth 1976, the Bicentennial of the Constitution. You've often spoken about this time and what it meant to you, and the tall ships and the general national celebration. Do you have any strong memories?

HAB: No, I suppose I don't have any strong--maybe what you're speaking of are strong memories, of 1976.

HK: '76.

HAB: It was an emotional time. Here 200 years had gone by, and with all the warts that the country has in its visage and all the weaknesses, certainly initially, anyway, that the Constitution had, here we were, still, One can look back in '76 and recall the change of administration when the president resigned, and there wasn't a single soldier present at that time or other show of military control, and yet our government passed in the control of one person in to the control of another . As Art Buchwald has said-I think it was he-that any nation that can do that is bound to be not all bad. I think it was $ great example of the inner strength of America. Another thing, 1776, I think, impressed itself on my memory, and this is from looking at the television an that day, was the way it was celebrated all over the country-big cities, little cities, tall ships in New York, the parades in little county-seat towns, that displayed an affection, I think., a basic affection for the country and appreciation of the fact that this is where these people lived and took pride in being a part of the United States of America. It was a special time, as far as I was concerned, and I, too, I suppose, joined their embracing of the country as 200 years old

HK: The early '76 period was the retirement and then, later, the passing of Justice Douglas. It's reported in The Brethren and also John Jeffries' biography of Justice Powell that in the waning stages of Justice Douglas's time on the Court, the other justices became very concerned about his casting the decisive vote for cert. It's that true?

HAB: I think Justice Douglas loved the Court, loved to be a part of it, loved to be on it. I'm sure he didn't campaign to be appointed to the Court during his public-service years at all, but all of a sudden that's where he found himself. I think it was difficult for him to leave. Of course, his physical problems exacerbated the

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