Word: courts
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Dates: during 1960-1969
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There was little reason to expect opposition when the 57-year-old judge was nominated for the high court in August. Haynsworth had served on the Fourth Circuit Court of Appeals for twelve years, and had done little to arouse adamant opposition. During confirmation hearings, however, liberal Senators raised conflict-of-interest charges. They showed that Haynsworth had failed to disqualify himself in two cases where he had financial interest: a 1963 case between a union and a firm that did business with a vending machine company partly owned by Haynsworth, and a 1967 case involving the Brunswick Corp., whose...
Haynsworth, to some extent, was a victim of history. Had he been nominated a decade ago, there is little doubt that he would have been confirmed swiftly. But the court has become increasingly involved in all aspects of national life. This, and the revelations that led to the resignation of Abe Fortas from the Supreme Court, dictate closer scrutiny and higher standards for Justices than in the past. There were feelings in the Senate, never articulated openly, that Haynsworth was just not distinguished enough for the job. Said Illinois Republican Senator Charles Percy, who voted no: "I do not question...
...beat-the-press shows, defines as "an arrogant few" dissenters. Such constant reference to that magic line of 51% of the people-whether friends above it or opponents below it-may end up looking like a form of insecurity. After the Senate rejected Judge Clement Haynsworth for the Supreme Court, the President observed, naturally enough, "I deeply regret this action." But then, as if bringing up reinforcements, he added: "I believe the majority of people in the nation regret it." A majority of the Senators, elected by a majority of their constituents, may have wondered whether they had suddenly joined...
...Haynsworth fight was rough on all Senators, but it was particularly painful to those Republicans who had doubts about the judge's fitness for the high court. Typical of these troubled Senators was Maryland's Charles McC. Mathias Jr., 47, a former Congressman serving his first term in the Senate. He talked about the agony of his decision to vote against Haynsworth to TIME Correspondent Neil MacNeil...
...serious doubts about the nomination," says Mathias. "They asked me to keep an open mind to the end. So I did not put myself in the position of an irreversible commitment." But Mathias could not shake his doubts about Haynsworth. "There is a crying need for the Supreme Court to be lifted above controversy and suspicion. I also wondered what effect a condonation of Judge Haynsworth's actions would have on the judiciary at large. I could only conclude that it would lower standards at a time when the expectation is that they will be raised...