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...nominees to go like Hansel and Gretel to the Supreme Court." Senator Birch Bayh was talking about Lewis F. Powell Jr. and William H. Rehnquist (TIME, Nov. 1), the two Supreme Court nominees who were being jointly considered by the Senate Judiciary Committee. Bayh, veteran of the Haynsworth and Carswell wars, and the other liberals sought to separate the nominations because Powell was clearly a shoo-in, while Rehnquist was considered somewhat vulnerable. Nixon loyalists on the committee parried the maneuver. After five days of hearings and 827 pages of testimony, they arranged under the rules to have Powell...

Author: /time Magazine | Title: THE SENATE: Hansel and Gretel | 11/22/1971 | See Source »

...late Hugo Black. As Nixon settled behind his desk in the Oval Office to announce his choices over television, he was almost universally expected to appoint Little Rock Lawyer Herschel Friday and California Court of Appeals Judge Mildred Lillie?nominees widely regarded as obscure and unsatisfactory. It looked like Haynsworth and Carswell all over again, some Senators predicted, with another vitriolic fight over confirmation. "As a group," Edward Kennedy had said, the six candidates Nixon was known to be considering reflected "utter contempt for the court...

Author: /time Magazine | Title: The Nation: Nixon's Court: Its Making and Its Meaning | 11/1/1971 | See Source »

...favor of judges. Only two or three women were on it. Many judges were excluded on grounds of age (65 or older) or ideology (too liberal and activist). Kleindienst pared the prospects down to 30, then, with Mitchell, reduced it to five. From that list, Nixon selected Burger and Haynsworth. Carswell and Blackmun were taken from the list of 30. In replacing Earl Warren, the President encountered no difficulty when he appointed Burger, a solid and magisterial Minnesotan. It was when he moved to fill Abe Fortas' seat with a Southern conservative that Nixon embarked on two of the nastiest...

Author: /time Magazine | Title: The Nation: Nixon's Court: Its Making and Its Meaning | 11/1/1971 | See Source »

...Administration chose a list of six candidates* to send to the American Bar Association's Committee on Federal Judiciary. After the defeat of Haynsworth and Carswell, the Administration had arranged to have the A.B.A. investigate possible nominees before their names went to the Senate. Nina Totenberg, a reporter who covers the Justice Department and the Supreme Court for the National Observer, learned that a list of possible nominees had been sent to the A.B.A.'s judiciary committee. "I put in about 50 calls to courts and law schools all over the country," says Miss Totenberg. After five hours...

Author: /time Magazine | Title: The Nation: Nixon's Court: Its Making and Its Meaning | 11/1/1971 | See Source »

LEWIS F. POWELL JR. "I have never aspired to the Supreme Court," says Lewis Franklin Powell Jr., 64. Indeed, he so much preferred his own life as a distinguished Virginia lawyer that when his name was proposed for the court, during the Haynsworth-Carswell fracas, he wrote a letter to Attorney General John Mitchell saying he was too old for the job. The passing of time has not made Powell any younger, to be sure, but it has convinced President Nixon that the original proposal was a good one. "Ten years of Powell," he said last week, "is worth...

Author: /time Magazine | Title: The Nation: The President's Two Nominees | 11/1/1971 | See Source »

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