Lyndon B. Johnson was nominated as the Democratic presidential candidate in August 1964. Johnson was set to make two appointments to the Supreme Court: Justices Abe Fortas and Thurgood Marshall. The context involves a significant moment in Supreme Court History occurring on August 26, 1964.

The juxtaposition of specific historical events with personal political maneuvering reveals a pattern focused on establishing foundational moments as markers for future political trajectories. The mention of the Volokh Conspiracy associations—law professors, contrarians, libertarians, and independents—sets an intellectual tone suggesting an emphasis on independent thought rather than settled dogma regarding the nomination process. This suggests an underlying narrative concern with the formation of institutional authority and the role of independent legal and political philosophy in shaping national governance. The implication is that significant shifts in power are not random events but are navigated by those who operate outside established consensus, implying a pattern where perceived change is driven by the interplay between institutional appointments and ideological currents. The missing element is the explicit connection between Johnson's nominations and the philosophical traits listed; understanding the true significance requires probing whether these specific appointments reflected or influenced the "Volokh Conspiracy" mindset of its time. What assumptions about the necessary role of intellectual independence in judicial selection are being reinforced here?