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...appeals-court judge from Rochester, Minn., and a longtime friend of Chief Justice Burger, met with Mitchell last week. Blackmun was considered the likeliest choice. Also being checked is Federal District Judge Edward T. Gignoux, 53, of Portland, Me. Both are Harvard Law School graduates. Appointed to the federal bench by President Eisenhower, they are considered strict constructionists...
...immediately" of the outcome. Nixon, surprisingly, was neither watching television nor listening to the radio at the big moment. An aide brought him the news. The President telephoned Carswell in Tallahassee, Fla., and told him: "I'm disappointed, but I hope you'll see fit to remain on the bench...
...setting forth his requirements after the Burger appointment?a Southerner from the federal bench, a Republican, a strict constructionist, under 60 and someone Nixon did not personally know?the President limited his options. This ruled out judges on the higher state courts, which often possess talented jurists, men from the South's best law faculties, and U.S. Senators. Even so, the President could have come up with acceptable nominees if he had not relied so completely upon?and been served so poorly by?Mitchell...
Ironically, Burger's respect for precedent has at least once confounded the Nixon Administration. Last fall he joined a unanimous bench in applying previous holdings of the Warren court and in ordering Mississippi schools to desegregate "at once." Indeed, Burger has not seemed anxious to lead a major retrenchment from most of the Warren court's stands. Even so, his dissents have suggested that an eventual "Burger court" might take new positions on a wide range of topics. Among them...
Free to Disagree. Off the bench, former Appeals Court Judge Burger has been more active than former Governor Warren ever was. In frequent speeches, he has put the prestige of his office behind the growing movement to reform the nation's crime-breeding prisons. In an attempt to streamline clogged and creaking courts, he is helping to set up a new institute in Washington for training court administrators in modern management techniques...