On May 8, 1954, Justice Robert Jackson was a hospital patient—he was spending his 40th day in Doctors Hospital in downtown Washington. Jackson was recuperating from the serious heart attack he had suffered on March 30. He was “out of the woods” but still under close supervision by doctors and nurses. He was building up his strength in preparation for his release in coming weeks.
On that morning (it was a Saturday), Chief Justice Earl Warren arrived at the hospital to visit Jackson. His law clerk, E. Barrett Prettyman Jr., visiting Jackson at the time, excused himself and went down the hall.
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