Last week I ran across a discarded advance “review” copy of an uncoming book by Jules Whitcover entitled Very Strange Bedfellows: The Short and Unhappy Marriage of Richard Nixon and Spiro Agnew. I couldn’t resist a stroll down a distant memory lane to a period of scandal, official mendacity, polarization and an unpopular war not entirely unlike our own. I was particularly entranced by Whitcover’s tick-tock account of Agnew’s forced resignation as vice president, likely drawn from the 1974 book he wrote with Richard Cohen (now out of print) about that particular incident.Unlike Nixon’s undoing by Watergate, which rolled out slowly over many months, Agnew’s resignation, at the time at least, seemed like a bolt from the blue. But its genesis was in a state contractor kickback scheme in Baltimore County, Maryland, which probably predated Agnew’s tenure as County Executive and certainly continued afterwards. Indeed, federal prosecutors were targeting Agnew’s Democratic successor as County Executive when one of their key witnesses alleged he had continued to pay off Agnew during his two-year governorship, and briefly, during his vice-presidency, with the final payment being ten large in cash stuffed into a brown paper bag, delivered personally to the Veep in his White House office. After repeated and futile efforts to get Nixon to quash the investigation, Agnew negotiated a deal in which he admitted to a single tax evasion charge and resigned his office, while obtaining assurances he would not go to the hoosegow. The deal enabled Agnew to spend the rest of his life claiming he did nothing wrong beyond accepting campaign contributions from the contractors. He was, he said often, the victim of a dual conspiracy between those who wanted to remove him from the presidential succession in order to make Nixon’s removal politically possible, and Nixon himself, who mistakenly thought throwing his Veep to the wolves might save his own hide. But as Whitcover (all too summarily) explains, the real smoking gun in the Agnew case was an IRS investigation of his finances that resulted in a State of Maryland demand for two hundred thousand bucks in back taxes on his illegal income–a demand Agnew satisfied via loans from his maximum buddy, Frank Sinatra. I don’t know why the Agnew saga hasn’t been the subject of a big movie. It certainly has all the drama you’d ever want: the unlikely rise of an obscure local Baltimore pol who gets elected county executive and then governor thanks to Democratic splits; his selection by Nixon as a compromise Veep choice mainly because of his combined “moderate” record and his late-career race-baiting; his startling emergence as a right-wing superstar, thanks in part to the skills of Nixon speechwriters Bill Safire and Pat Buchanan; Nixon’s constant, never-consummated efforts to replace him with Democratic apostate John Connally; his gradual development into a complete loose cannon isolated from Nixon but becoming his likely successor; his Vegas-based celebrity posse, including Sinatra; and then the whole disaster of his ouster, ultimately derived from his hunger for a degree of wealth he saw all around him but never enjoyed. There’s even a love interest, in the form of allegations (oddly echoed in Agnew’s own novel about a disgraced Veep, The Canfield Decision) that he was carrying on an expensive affair with someone in the administration. At some point, you’d expect that the parlor game of judging whether George W. Bush or Richard Nixon is the Worst President Ever would extend to a comparison of Dick Cheney and Spiro Agnew as contenders for the title of Worst Vice President Ever. Maybe then Spiggy will get his posthumous Hollywood tribute.
TDS Strategy Memos
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By Ed Kilgore
In looking at Dobbs v. Jackson Women’s Health Organization from many angles at New York, one I noted was the lonely position of Chief Justice John Roberts, who failed to hold back his conservative colleagues from anti-abortion radicalism:
While the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization will go down in history as a 6-3 decision with only the three Democrat-appointed justices dissenting, Chief Justice John Roberts actually did not support a full reversal of Roe v. Wade and Planned Parenthood v. Casey. His concurring opinion, which argued that the Court should uphold Mississippi’s ban on abortions after 15 weeks of pregnancy without entirely abolishing a constitutional right to abortion, represented a path not taken by the other five conservative members of the Court.
When the Court held oral arguments on the Mississippi law last December, the conservative majority’s determination to redeem Donald Trump’s promise to reverse Roe v. Wade was quite clear. The only ray of hope was the clear discomfort of Chief Justice John Roberts, as New York’s Irin Carmon noted at the time:
“It seemed obvious that only Roberts, who vainly tried to focus on the 15-week line even when everyone else made clear it was all or nothing, cares for such appearances. There had been some pre-argument rumblings that Barrett and Brett Kavanaugh might defect, perhaps forming a bloc with Roberts to find some middle ground as happened the last time the Court considered overturning Roe in 1992’s Planned Parenthood v. Casey. On Wednesday, neither Barrett nor Kavanaugh seemed inclined to disappoint the movement that put them on the Court.”
Still, the Casey precedent offered a shred of hope, since in that 1992 case some hard and imaginative work by Republican-appointed justices determined not to overturn Roe eventually flipped Justice Anthony Kennedy and dealt a devastating blow to the anti-abortion movement. Just prior to the May leak of Justice Samuel Alito’s draft majority opinion (which was very similar in every important respect to the final product), the Wall Street Journal nervously speculated that Roberts might be undermining conservative resolve on the Court, or change sides as he famously did in the Obamacare case.
In the wake of the leak there was some reporting that Roberts was indeed determined not to go whole hog in Dobbs; one theory about the leak was that it had been engineered to freeze the other conservatives (especially Justice Brett Kavanaugh, who during his confirmation hearings had said many things incompatible with a decision to reverse Roe entirely) before the chief justice could lure them to his side.
Now it appears Roberts tried and failed. His concurrence was a not terribly compelling plea for “judicial restraint” that left him alone on the polarized Court he allegedly leads:
“I would take a more measured course. I agree with the Court that the viability line established by Roe and Casey should be discarded under a straightforward stare decisis analysis. That line never made any sense. Our abortion precedents describe the right at issue as a woman’s right to choose to terminate her pregnancy. That right should therefore extend far enough to ensure a reasonable opportunity to choose, but need not extend any further certainly not all the way to viability.”
Roberts’s proposed “reasonable opportunity” standard is apparently of his own invention, and is obviously vague enough to allow him to green-light any abortion ban short of one that outlaws abortion from the moment of fertilization, though he does seem to think arbitrarily drawing a new line at the beginning of the second trimester of pregnancy might work. Roberts’s real motivation appears to be upholding the Court’s reputation for judiciousness, which is indeed about to take a beating:
“The Court’s decision to overrule Roe and Casey is a serious jolt to the legal system — regardless of how you view those cases. A narrower decision rejecting the misguided viability line would be markedly less unsettling, and nothing more is needed to decide this case.”
In his majority opinion (joined by Justices Clarence Thomas, Neil Gorsuch, and Amy Coney Barrett, along with Kavanaugh) Alito seems to relish in mocking the unprincipled nature of the chief justice’s temporizing position:
“There are serious problems with this approach, and it is revealing that nothing like it was recommended by either party …
“The concurrence would do exactly what it criticizes Roe for doing: pulling “out of thin air” a test that “[n]o party or amicus asked the Court to adopt …
“The concurrence asserts that the viability line is separable from the constitutional right they recognized, and can therefore be “discarded” without disturbing any past precedent … That is simply incorrect.”
One has to wonder that if Merrick Garland had been allowed to join the Court in 2016, or if Amy Coney Barrett had not been rushed onto the Court in 2020, Robert’s split-the-differences approach eroding but not entirely abolishing the constitutional right to abortion might have carried the day in Dobbs. But that’s like speculating about where we would be had Donald Trump not become president in 2017 after promising conservatives the moon — and an end to Roe.