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35 J. Sup. Ct. Hist. v (2010)

handle is hein.journals/jspcth35 and id is 1 raw text is: Introduction Melvin I. Urofsky During the nineteen years he served as an Associate Justice of the U.S. Supreme Court, David H. Souter was a good friend to the Supreme Court Historical Society, and we shall all miss not only his presence but his good humor as well. In this issue we are pleased to carry tributes to him by another friend of the Society, former Justice Sandra Day O'Connor, and two of Justice Souter's former clerks. Heather K. Gerken is currently the J. Skelly Wright Professor at the Yale Law School, and Kermit Roosevelt III teaches law at the University of Pennsylvania. This issue carries an even greater diversity of materials than usual and once again testifies to how extensive we now consider the field of Supreme Court history. Jeffrey L. Amestoy is the retired chief justice of the Supreme Court of Vermont and well knows how a judicial case can affect public policy. His article focuses on Richard Henry Dana, best known to most people for his memoir Two Years Before the Mast (1840). Dana had an eventful life and was known in his time as a champion of two downtrodden groups, sailors and slaves. He served as counsel in one of the first instances in which the U.S. Supreme Court considered the extent of the executive's war powers- Lincoln's blockade of Southern ports after the start of the rebellion. The litigation, known as the Prize Cases (1863), involved ships seized during the blockade, and if the Court had cho- sen to declare the blockade illegal-as Chief Justice Roger Taney wanted to do-it would have struck a serious blow to the Union. Ac- cording to Chief Justice Amestoy, Dana's skill averted a potential catastrophe. One always hears the phrase I'll take it all the way to the Supreme Court, but we know that in any given Term, the Court routinely turns away literally thousands of petitions for review. The ones that the Court chooses to hear normally deal with questions of consti- tutional or statutory interpretation. Yet every now and then it chooses to hear something different. U.S. Circuit Court Judge Myron H. Bright tells us about one of those cases, and especially about the dogged determination of a particular lawyer to do right by his client. A Nebraska farmer was found dead in his barn, and while it might have been an acci- dent, the coroner initially ruled suicide and the v

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