Archibald Cox died Saturday at age 92. When not teaching at Harvard he was the United States Solicitor General and served on any number of boards and commissions. He came to the notice of the general public when Richard Nixon appointed him as the first Watergate special prosecutor, later ordering attorney general Elliot Richardson to fire him when Cox would not back down from a subpoena. Richardson refused, and Nixon fired Richardson. (Nixon did not have the authority to fire Cox directly.) Richardson's number two man, William Ruckelshaus, also refused to fire Cox, and Nixon fired Ruckelshaus. The number three man, an obscure functionary in the Justice Department, did fire Professor Cox. (He was Robert Bork, later nominated for the Supreme Court and rejected after a firefight in the U.S. Senate.)
I remember Professor Cox as a professor of constitutional law. He was a clear lecturer, but very dry. In the first lecture he invited students to see him during his office hours if they had any questions about the course, or just wanted to talk about constitutional principles. I didn't dare take up his time. Neither did most of the class.
In the last lecture three months later he told us how much he had enjoyed teaching the course. His only regret, he said, was that no one had come to see him in his office. He had no pride, or didn't let it show, and was very modest about what he had accomplished. One Monday he said that he was sorry that he would miss class on Wednesday, but that Professor X would give the lecture instead. Thursday we read in the newspaper why he had missed class: he was in Washington, arguing the Bakke case and defending affirmative action.
I last saw Professor Cox a few years ago, when he spoke briefly at an event in Boston. He was still clear and dry at 88, and he talked about the future without alluding even once to the things he had accomplished in the past.
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