JUDICIARY: Mad Hatter's Dialog

While the Senate was busy wondering: 1) whom the President would appoint to the Supreme Court vacancy created last June 2 by the retirement of Justice Willis Van Devanter; and 2) whether he would make his appointment before Congress adjourned, Idaho's gaunt old lion, Senator William E. Borah, last week gave it something new to wonder about. Said he on the Senate floor:

"Certainly the President cannot name a successor until there is a vacancy and I challenge any lawyer here to say there is a vacancy. . . "

Less astounding than...

Want the full story?

Subscribe Now

Subscribe
Subscribe

Get TIME the way you want it

  • One Week Digital Pass — $4.99
  • Monthly Pay-As-You-Go DIGITAL ACCESS$2.99
  • One Year ALL ACCESSJust $30!   Best Deal!
    Print Magazine + Digital Edition + Subscriber-only Content on TIME.com

Learn more about the benefits of being a TIME subscriber

If you are already a subscriber sign up — registration is free!