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...their reporting. Simmons Fentress was at the White House to gauge the presidential reaction and future course. Neil MacNeil, chief congressional correspondent, was busy interviewing Kentucky's Marlow Cook and other crucial Senators. John Austin, who covers Congress with MacNeil, focused his reporting on Indiana's Birch Bayh, leader of the Carswell opposition. Dean Fischer, the bureau's legal expert, was in the Justice Department interviewing one of Attorney General John Mitchell's key aides. John Stacks was soon probing Senate attitudes toward the nomination of another Southerner to the Supreme Court. Throughout...

Author: /time Magazine | Title: A Letter From The Publisher: Apr. 20, 1970 | 4/20/1970 | See Source »

...criticism built up, the Carswell opponents, particularly Massachusetts Republican Edward Brooke and Indiana Democrat Birch Bayh, saw a slim chance to defeat him. Continuing to stall, they subjected the loyalists to a kind of drop-by-drop water torture, engineering one-by-one announcements of new anti-Carswell Senators. Then, last month, Brooke, Bayh and others hit upon a device that they thought would allow troubled Senators to sidetrack the nomination without taking the full heat of voting against it. They proposed sending the matter back to the Judiciary Committee for further study ?and there it would almost certainly...

Author: /time Magazine | Title: Nation: The Seventh Crisis of Richard Nixon | 4/20/1970 | See Source »

While the White House and its allies were concentrating on the recommittal move, Bayh and Brooke were taking counts on the straight up-or-down vote on the nomination, scheduled for Wednesday if recommittal failed. They found that some Senators had indeed bought the concept that recommittal was a gutless way out, and preferred voting directly on confirmation. Among them were Oregon's Republican Robert Packwood, Hawaii's Republican Hiram Fong, Connecticut's Democrat Thomas Dodd. If all the other 44 anti-Carswell votes held firm and those three could be persuaded to vote no, that would close...

Author: /time Magazine | Title: Nation: The Seventh Crisis of Richard Nixon | 4/20/1970 | See Source »

...Administration had won its battle ?but it was now in danger of losing the war. "The White House had shot its wad on recommittal," Bayh explained. "They called in all their lOUs on that one. They cranked up for the wrong vote." He was confident not only of pinning down the tie vote but also of scratching out one more anti-Carswell ballot. Majority Leader Mike Mansfield agreed to call for a vote on the nomination immediately after the recommittal move lost. The motion required unanimous approval. A perplexed and wary Hruska, floor-managing the Carswell drive, objected...

Author: /time Magazine | Title: Nation: The Seventh Crisis of Richard Nixon | 4/20/1970 | See Source »

...Administration strategists quickly assembled in Hruska's office right after the recommittal vote to reassess the situation. They looked at that eight-vote margin and compared notes on which pro-Carswell Senators they might lose. To their consternation, they detected the same potential slippage that Bayh and Brooke had sniffed: the possible loss of Republicans Packwood, Fong and Percy, plus Democrat Dodd. That would not be fatal, since Vice President Agnew would break the tie in the Administration's favor, but it was highly dangerous. "We knew then that we were in trouble," one strategist recalls. The White House...

Author: /time Magazine | Title: Nation: The Seventh Crisis of Richard Nixon | 4/20/1970 | See Source »

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