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WITH the death of Justice Hugo Black and the simultaneous retirement of Justice John Harlan, President Nixon had an unusual opportunity to redress the embarrassment of his two unsuccessful Supreme Court nominations- G. Harrold Carswell and Clement F. Haynsworth. Surely he must now avoid renewed humiliation by proposing Justices of impeccable credentials and unquestioned eminence. But last week, when the names of six potential appointees, including two women, were made known, Richard Nixon once again demonstrated his inability or unwillingness to nominate renowned jurists to the highest tribunal in the land...

Author: /time Magazine | Title: The Nation: Nixon's Not So Supreme Court | 10/25/1971 | See Source »

Connally's thesis, reportedly, was that picking Byrd would make the Senate eat crow. After rejecting Haynsworth and Carswell, it would now be faced with rejecting one of its own members. Even Byrd's Senate critics would find themselves in a corner. Connally argued that the Senate would have to approve him because he was a member of the club. The assessment was probably correct. A quiet Administration nose count indicated that fewer than ten Senators would vote...

Author: /time Magazine | Title: The Nation: Nixon's Not So Supreme Court | 10/25/1971 | See Source »

Despite the clouded resignation of Abe Fortas, the attempted impeachment of William O. Douglas, and the spectacle of the failed Haynsworth and Carswell nominations, the court is still held in considerable reverence by the American people. Yet historians can point out long periods when the court's influence and importance in U.S. life made it a very lame third branch of government indeed. Such a decline in significance might happen again, particularly since the court now seems certain to back away from the particular style of activism that characterized its years under Chief Justice Earl Warren. Even so, building...

Author: /time Magazine | Title: Time Essay: ON CHOOSING JUSTICES | 10/18/1971 | See Source »

...course. He asked the American Bar Association to give its opinion of the fitness of Virginia Representative Richard H. Poff, despite rising complaints from civil rights groups and the threat of another Senate nomination fight by Democratic Senator Birch Bayh, who led the successful opposition to Nominees Clement Haynsworth and G. Harrold Carswell. But just as the A.B.A. was about to make its private recommendation to the President, Poff telephoned a Nixon aide and said that he did not wish to have his name considered for the nomination. He noted the charges of "racist" already raised against...

Author: /time Magazine | Title: The Nation: The White House: The President in Motion | 10/11/1971 | See Source »

...replaced by any pair who could immediately command a similar respect from their colleagues, or from the legal profession. Blemished by the resignation under fire of Justice Abe Fortas, the abortive attempts to impeach Douglas, and Nixon's unsuccessful efforts to elevate two lesser jurists, Clement F. Haynsworth and G. Harrold Carswell, the court is in need of new stature...

Author: /time Magazine | Title: The Nation: Now, the Nixon Court and What It Means | 10/4/1971 | See Source »

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