Later Years
Rebuffed in the wake of his fall by the powerful Washington law firm he had founded, Fortas founded another firm, Fortas and Koven, and maintained a successful law practice until his death in 1982. However, his wife, Carolyn Agger, stayed at Fortas's original firm, in part due to the fact that Fortas had resigned in order to protect her job there. In the year following his resignation, he turned down an offer to publish his memoirs.
Founding the firm of Fortas & Koven in Washington, D.C., a year after his resignation, Fortas also kept two non-paying clients: Pablo Casals and Lyndon Johnson, with whom he remained great friends and visited in Texas. Fortas was asked to donate his papers to Johnson's presidential library by Lady Bird Johnson, but he replied that his correspondence with Johnson had always been kept in strictest confidence. According to his law partner Howard Koven, Fortas once consulted with Martin Scorsese on the legality of language Scorsese wanted to use in a movie.
A portrait of him was placed in Yale Law School while he was still alive, underwritten by an anonymous donor. Fortas served as a longtime member of the board of directors of Carnegie Hall, including while he was on the Supreme Court. He also served on the board of the Kennedy Center since it opened in 1964.
The American Bar Association revamped its rules as a result of the Wolfson affair, revising circumstances under which judges should not accept outside income.
In the course of his return to private practice, Fortas sometimes appeared before his former colleagues at the Supreme Court. On the first occasion he did so, his successor, Harry Blackmun, recalled that his eyes met Fortas's: " kind of nodded... I wondered what was going through his mind." When Blackmun later questioned Fortas if he remembered the encounter, Fortas said he would "never forget it". Blackmun thought Fortas's attitude toward the new justice was remarkable, not showing "an ounce of antagonism or resentment".
Fortas's memorial service was held at the Kennedy Center, with Isaac Stern and Lady Bird Johnson in attendance.
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