Fortas Pays His Respects

WHEN he resigned from the Supreme Court in 1969 to avoid conflicts of interest, Abe Fortas withdrew from public life to spend long hours listening to classical music and to write a book on civil liberties. Last year he quietly resumed the practice of law, specializing in corporate and regulatory matters. In contrast to the Old World elegance of his precourt days at Arnold & Porter (where the firm's partners vetoed his return), Fortas' new Georgetown office sports Danish modern furniture. The man belies the decor: at 60 he seems sadder, his eyes tired and his polished wit dulled. But the shock of his departure from the court has not diminished his deep respect for law. In the first on-the-record interview he has granted since his resignation, Fortas offered TIME'S Dean Fischer and James Simon these observations:

> On free speech and personal liberty: "It's not worth much of a damn to have First Amendment rights if you're subjected to arbitrary arrest. People don't realize that the basic rules of criminal procedure are laid down to protect the entire population; instead, they regard these rules as a threat to themselves. It's reflected in the turmoil in this country, and it was dramatically illustrated by the recent demonstrations in Washington. The police must operate within certain rules."

> On wiretapping: "I have a fear that the marvelous quality of American life--free, rambunctious, ebullient, sometimes irresponsible--may be disappearing. In Joe McCarthy's day, there was a quiet veto on meaningful conversation. Today we are concerned with not just the suppression of protest, but fear--the fear that we might be bugged or under surveillance. No amount of reassurance that these things are not being misused will counteract that fear."

> On the Warren Court: "Its greatest virtue was that it was a strict constructionist court. Particularly on due process and equal protection, the Warren Court went back to the wording and meaning of the Constitution."

> On Earl Warren: "Few Chief Justices have been leaders. John Marshall, Earl Warren, Charles Evans Hughes--I give that order deliberately. Warren gave an animating spirit to the court. Under him, the court had quality and regard for basic constitutional values."

> On the Burger Court: "It is likely to hew to the Warren Court line with respect to racial matters, but to retreat from Warren Court principles in criminal procedure and personal liberty. This is not just a product of shifting personnel. For the most part, the great decisions of the Supreme Court are based on two building blocks: the development of the law and the public conception of the law. In the area of race, those two building blocks were there. But in criminal jurisprudence, it's quite possible that the series of building blocks was not quite complete. There is an element of fragility in the decisions because they were not based on a completed foundation."

> On criticizing the present court: "Some decisions trouble me, but I think it's gay irresponsibility for someone who has gone off the court to criticize decisions. I speak from different data. When you're on the court, you try to avoid irresponsibility. The same should be true when you're off the court."

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