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Nixon, LBJ & the First Shots in the Judges' War
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The Democrats’ drive to defeat Neil Gorsuch is the latest battle in a 50-year war for control of the Supreme Court — a war that began with a conspiracy against Richard Nixon by Chief Justice Earl Warren, Justice Abe Fortas and Lyndon Johnson.

By June 1968, Nixon, having swept his primaries, was cruising to the nomination and probable victory in November.

The establishment was aghast.

Warren’s bitterness toward Nixon dated to their California days. Sen. Nixon had worked behind the scenes for Ike’s nomination in 1952, though Gov. Warren was California’s favorite son. Warren had been crushed and humiliated — but Nixon was rewarded with the vice presidency.

Now, 16 years later, the chief justice was ready to step down, but desperately did not want his nemesis Nixon choosing his successor.

So, Warren and LBJ colluded in a plot. Warren announced his resignation from the court contingent on Senate confirmation of his successor. LBJ then named Warren’s ally and his own longtime crony, Fortas, to succeed Warren.

The fix was in. Nixon was boxed, and adopted a posture of benign neutrality on Fortas’ elevation, having been warned by future Secretary of State Bill Rogers that he would be accused of anti-Semitism if he blocked the first Jewish chief justice.

With Nixon’s knowledge, some of us on his staff ignored his neutrality posture and urged Senate conservatives to block Fortas.

Foremost among these was Strom Thurmond, who needed little prodding, and who was provided with “Flaming Creatures,” a graphic film of transvestite sex which Fortas, alone among the nine justices, had deemed acceptable for public viewing.

Senators were invited to a closed room for a screening. Some walked out wobbly. And as I told friend Sim Fentress of Time, the “Fortas Film Festival” was going to do in our new chief justice.

And so it did. Fortas was rejected in early October. In May 1969, President Nixon named Judge Warren Burger to succeed Earl Warren.

By that May also, Attorney General John Mitchell had learned that Fortas was on a $20,000-a-year secret retainer from swindler Louis Wolfson. Mitchell went to see Warren to suggest that his friend Abe resign, rather than be impeached. Fortas got the message.

Now, with a second vacancy, Nixon, to honor his promise to select a Southerner, chose Harvard Law grad and Chief Judge of the 4th Circuit Clement Haynsworth, the youngest chief judge in the nation.

Joe Rauh, counsel for the Leadership Conference on Civil Rights, instantly branded Haynsworth a “hard-core segregationist” and liberal Democrats painted him as a grifter steeped in petty corruption, whose court decisions were steered by his stock portfolio.

This was all trash talk. Haynsworth had released black militant H. Rap Brown from jail, without requiring him to post bail, and ruled that lawyers for black defendants had a right to discover whether jurors belonged to any organizations known for bias against blacks.

No matter. Haynsworth was depicted as a corrupt and racist judge and liberal Democrats and Rockefeller Republicans united to vote him down. But while painful to the judge, his vilification by the left had split the nation along a new fault line.

ORDER IT NOW

Nixon’s defiant response: He sent another Southern judge up to the Senate, G. Harrold Carswell. Less distinguished than Haynsworth, Carswell got the same treatment. In a statement he had me write, Nixon tore into the Senate for an “act of regional discrimination” against the South.

While losing Beltway battles, we were winning the bigger war.

Nixon then, fatefully, sent up a third nominee, Judge Harry Blackmun of Minnesota, who was approved 94-0.

Suddenly, in 1971, there were two more openings, as Justices Hugo Black, FDR man and former Klansman, and John Harlan resigned.

Nixon called to tell me he was sending up the first woman, a state judge from California, along with an Arkansas bond lawyer.

The heart sank. But Divine Providence intervened.

The American Bar Association voted 11-1 that Mildred Lillie was “not-qualified” and Herschel Friday got a split decision — six “not-qualified” votes and six “barely qualified.”

Panic ensued. Nixon swiftly pivoted to Lewis Powell, ex-head of the ABA, and William Rehnquist, a brilliant young conservative and legal scholar, whom Reagan would elevate to chief justice when Burger retired.

Three days after Nixon’s second inaugural, in Roe v. Wade, written by Blackmun, the court declared the right to an abortion had been hidden in the Constitution, though it had been a crime in every state when Earl Warren was appointed by Ike.

All doubt was now removed. The Supreme Court was using its right to declare what the law says and what the Constitution means — to reshape America in the image of Earl Warren and his judicial clones.

Realization that these were now the stakes, and power the issue, is the reason why Reagan nominee Robert Bork was savaged, and Bush I nominee Clarence Thomas was brutalized.

Behind the hostility to the mild-mannered and decent Neil Gorsuch lies the same malevolence that lynched Clement Haynsworth.

Patrick J. Buchanan is the author of a new book, out in May, “Nixon’s White House Wars: The Battles That Made and Broke a President and Divided America Forever.”

Copyright 2017 Creators.com.

 
• Category: History • Tags: Richard Nixon, Supreme Court 
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  1. Anon says: • Disclaimer

    Every time a Democratic president nominates a justice, he or she is confirmed with substantial support from Republicans. Sotomayor got 80 votes.

    But when a Republican nominates a justice, almost all Democrats oppose.

    Read More
    • Agree: Z-man
    • Replies: @Avery
    { Sotomayor got 80 votes.}

    Anyone who spoke against Sotomayor would be branded a misogynist.
    But supporters of Gorsuch were too afraid to say it out loud: Gorsuch was apposed not because he was, quote, 'not mainstream enough' (as Schumer disingenuously put it), but because he is Christian.
    Gorsuch is unquestionably qualified, but the mob who is working tirelessly 24x7 to de-Americanize and de-Christianize America cannot stomach having a Christian Constitutionalist on SCOTUS.

    I don't understand the reluctance to shout "anti-Christian bigot" by Christians who are massively discriminated against here in the US.

    Every time a Christian, particularly a Christian male (black, white, brown, yellow,...), is opposed for public office, the same medicine being administered to Christians (and males) should be administered to anti-Christians.

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  2. Numinous says:

    Missing from this saga is the name of Merrick Garland.

    Read More
    • Replies: @Z-man
    Too many Jews on the court now, fuck Garland!
    , @Clark Westwood

    Missing from this saga is the name of Merrick Garland.
     
    Good point. The Dems behavior now seems to be mainly a matter of revenge. (Which doesn't make it right, of course.)
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  3. Z-man says:
    @Numinous
    Missing from this saga is the name of Merrick Garland.

    Too many Jews on the court now, fuck Garland!

    Read More
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  4. @Numinous
    Missing from this saga is the name of Merrick Garland.

    Missing from this saga is the name of Merrick Garland.

    Good point. The Dems behavior now seems to be mainly a matter of revenge. (Which doesn’t make it right, of course.)

    Read More
    • Replies: @Wally
    Bingo!
    ReplyAgree/Disagree/Etc. More... This Commenter This Thread Hide Thread Display All Comments
  5. Lit Dog says:

    This article does little to dispel the Tricky Dicky epithet pinned on Nixon. He was going to out-dem the Dems by appointing the first unqualified female to the Supreme Court.

    Pat’s article brings up Nixon because of the Gorsuch news, but more apropos is today’s war news. Nixon promised to get us out of Viet Nam but spent four years doing it. This destroyed his credibility with moderates who had turned on Dems because of the war. Simultaneously, Nixon destroyed his conservative support by “codifying” Affirmative Action. Then when the Watergate coup was launched, Nixon discovered what it was like to have a demoralized base of support.

    Trump promised to pursue America First but has just started another war for Israel. This is after filling his cabinet without a single foreign-policy Buchananite. And this is on top of his cabinet referring to illegals as DREAMERS.

    Too bad in his short period of influence, Bannon didn’t school Trump about the consequences of demoralizing his base when the media, Hollywood, universities, and globalists hate his guts.

    Read More
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  6. Wally says:
    @Clark Westwood

    Missing from this saga is the name of Merrick Garland.
     
    Good point. The Dems behavior now seems to be mainly a matter of revenge. (Which doesn't make it right, of course.)

    Bingo!

    Read More
    ReplyAgree/Disagree/Etc. More... This Commenter This Thread Hide Thread Display All Comments
  7. unit472 says:

    I’m worried that, like MSM jobs, there is a natural selection process going on that tends to weed out conservatives from the Federal Judiciary. The pay isn’t that good, under $200K for all but SCOTUS members and without the lucrative ex office lobbying careers members of Congress and senior government officials pursue. As talented lawyers can make far more in the corporate world and private practice are we only getting those who prefer a comfortable sinecure not unlike academia eager to take a judicial post?

    Read More
    • Replies: @Alden
    Attorneys are small business people who have to hustle for customers just like everyone else. Like restaurants, there are too many attorneys for too few customers. So even a small claims court commissioner or Judge has found a safe haven where he or she can make a decent living without having to be out there selling himself or herself to potential customers.

    Plus Judges don't have to pay their assistants salaries or rent or utilities or the cost of printing etc. It's a great gig for the 99 percent of attorneys who gross less than half a million a year.

    Another problem for attorneys is even that after winning a great settlement, it can take years to collect. Meanwhile the office expenses go on and on.
    ReplyAgree/Disagree/Etc. More... This Commenter This Thread Hide Thread Display All Comments
  8. Alden says:

    Nixon and his appointees such as Buchanan and Roberts were the worst White traitors. The Nixon administration did more to harm Whites than Obama. Here are a few things I remember Nixon doing.

    1970 created the Hispanic race and mandated affirmative action for Hispanics by executive order just in time for the 1970 census. If you wonder why so many government employees are affirmative action Hispanics that is the work of Nixon.

    Appointed a Jew to head the federal EEOC. Under Nixon and with Nixon’s full cooperation the 1968 affirmative action civil rights law was changed from: Do not discriminate against a qualified black to Shall discriminate against a fully qualified White in favor of a grossly unqualified White.

    Came up with the Philadelphia plan again through executive order. The Philadelphia abolished the entrance exams for apprenticeship programs and the requirement that applicants for the skilled trades have a high school diploma and required high school, not remedial math courses.

    I know every college grad considers tradesmen morons but math and mechanical ability and spatial relations are necessary. The result of the Philadelphia plan was the replacement of Whites and black tradesmen by illegal Hispanic day laborers

    The Nixon administration repaid the southern Whites move from demorats to republicans by supporting all the school bussing and affirmative action lawsuits against Whites.

    Old French saying; don’t listen to what he says, watch what he does.

    I am sooo sick of conservative and pro White websites posting Buchanan’s continual bragging about Nixon’s southern strategy and his historic comeback.

    Affirmative action was a joint effort by both Johnson and Nixon with Nixon doing the most damage to Whites.

    The Jews went after Nixon because back in the 1940′s when he was on House Unamerican Activities committee he exposed so many FDR communist holdovers. Nixon deserved his disgrace because of what he did to the Whites, especially southern Whites who voted him into office

    Read More
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  9. Alden says:

    “Patrick J. Buchanan is the author of a new book, out in May, “Nixon’s White House Wars: The Battles That Made and Broke a President and Divided America Forever.”

    If Buchanan were honest, his next book would be ” Nixon the affirmative action President that made it illegal to hire a White man or admit a White to college” Next up, “Nixon, the school busing President.”

    But fuddy duddy conservatives love Buchanan because of abortion, life long marriage, church going and the elusive search for the mythical constitution that is what is written instead of whatever some Judge wants it to be.

    Correction to previous post It should be hire a totally unqualified black instead of a fully qualified White.

    Read More
    • Replies: @Rurik

    If Buchanan were honest, his next book would be ” Nixon the affirmative action President that made it illegal to hire a White man or admit a White to college” Next up, “Nixon, the school busing President.”
     
    great comment

    I've even heard PJB mention how much Nixon did for "Civil rights" in the past. I suspect your analysis is spot on.

    I'm reminded of all those duped American conservatives who pulled the lever (twice!) for that disastrous chimp Dubya. Even after the treasonous wars and 'No Child Left Behind" and the rest of his "compassionate conservatism", designed to fuck the people who voted for him and mollify the communists and orcs. (I have nothing against Jews or other minorities who're hard working and honorable and who harbor no hatred or resentment against working and middle class whites - all 11 of them ; ). And the reason the stupid white Americans voted for the chimp even when they knew he was a traitorous disaster? Because he said "Jesus". That's all it took.

    let's not forget Nixon's Secretary of State, eh?

    By October 9, following a failed IDF counter-attack against Egypt’s forces, the Israelis requested that America do the same for them. Not wanting to see Israel defeated, Nixon agreed, and American planes carrying weapons began arriving in Israel on October 14.

    With the American airlift underway, the fighting turned against the Arabs. On October 16, IDF units crossed the Suez Canal.
    ...

    The 1973 war thus ended in an Israeli victory, but at great cost to the United States. Though the war did not scuttle détente, it nevertheless brought the United States closer to a nuclear confrontation with the Soviet Union than at any point since the Cuban missile crisis. The American military airlift to Israel, moreover, had led Arab oil producers to embargo oil shipments to the United States
     

    https://history.state.gov/milestones/1969-1976/arab-israeli-war-1973

    I've read that in the early seventies you could get on a commercial flight with your shotgun, being as use of it on a plane (or anywhere else) by an typical American citizen would have been incomprehensible.

    the price of gas – 36 cents per gallon (before the 1973 oil crisis)

    this nation has paid so much for its unique relationship with Israel and Jews like Kissinger that it's impossible to calculate. Certainly in the high trillion$, and that doesn't count the deaths and hatred.

    >>sigh<<

    ReplyAgree/Disagree/Etc. More... This Commenter This Thread Hide Thread Display All Comments
  10. Alden says:
    @unit472
    I'm worried that, like MSM jobs, there is a natural selection process going on that tends to weed out conservatives from the Federal Judiciary. The pay isn't that good, under $200K for all but SCOTUS members and without the lucrative ex office lobbying careers members of Congress and senior government officials pursue. As talented lawyers can make far more in the corporate world and private practice are we only getting those who prefer a comfortable sinecure not unlike academia eager to take a judicial post?

    Attorneys are small business people who have to hustle for customers just like everyone else. Like restaurants, there are too many attorneys for too few customers. So even a small claims court commissioner or Judge has found a safe haven where he or she can make a decent living without having to be out there selling himself or herself to potential customers.

    Plus Judges don’t have to pay their assistants salaries or rent or utilities or the cost of printing etc. It’s a great gig for the 99 percent of attorneys who gross less than half a million a year.

    Another problem for attorneys is even that after winning a great settlement, it can take years to collect. Meanwhile the office expenses go on and on.

    Read More
    • Replies: @E. Burke
    You are so right. There are many successful practicing lawyers in their 40s, 50s, and 60s who are just worn down by the grind. Appellate judgeships are the closest thing to paid retirement, and the Federal ones have life tenure.
    , @Hibernian
    I think the prestige of judicial office is also a major factor.
    ReplyAgree/Disagree/Etc. More... This Commenter This Thread Hide Thread Display All Comments
  11. Rurik says:
    @Alden
    "Patrick J. Buchanan is the author of a new book, out in May, “Nixon’s White House Wars: The Battles That Made and Broke a President and Divided America Forever.”

    If Buchanan were honest, his next book would be " Nixon the affirmative action President that made it illegal to hire a White man or admit a White to college" Next up, "Nixon, the school busing President."

    But fuddy duddy conservatives love Buchanan because of abortion, life long marriage, church going and the elusive search for the mythical constitution that is what is written instead of whatever some Judge wants it to be.

    Correction to previous post It should be hire a totally unqualified black instead of a fully qualified White.

    If Buchanan were honest, his next book would be ” Nixon the affirmative action President that made it illegal to hire a White man or admit a White to college” Next up, “Nixon, the school busing President.”

    great comment

    I’ve even heard PJB mention how much Nixon did for “Civil rights” in the past. I suspect your analysis is spot on.

    I’m reminded of all those duped American conservatives who pulled the lever (twice!) for that disastrous chimp Dubya. Even after the treasonous wars and ‘No Child Left Behind” and the rest of his “compassionate conservatism”, designed to fuck the people who voted for him and mollify the communists and orcs. (I have nothing against Jews or other minorities who’re hard working and honorable and who harbor no hatred or resentment against working and middle class whites – all 11 of them ; ). And the reason the stupid white Americans voted for the chimp even when they knew he was a traitorous disaster? Because he said “Jesus”. That’s all it took.

    let’s not forget Nixon’s Secretary of State, eh?

    By October 9, following a failed IDF counter-attack against Egypt’s forces, the Israelis requested that America do the same for them. Not wanting to see Israel defeated, Nixon agreed, and American planes carrying weapons began arriving in Israel on October 14.

    With the American airlift underway, the fighting turned against the Arabs. On October 16, IDF units crossed the Suez Canal.

    The 1973 war thus ended in an Israeli victory, but at great cost to the United States. Though the war did not scuttle détente, it nevertheless brought the United States closer to a nuclear confrontation with the Soviet Union than at any point since the Cuban missile crisis. The American military airlift to Israel, moreover, had led Arab oil producers to embargo oil shipments to the United States

    https://history.state.gov/milestones/1969-1976/arab-israeli-war-1973

    I’ve read that in the early seventies you could get on a commercial flight with your shotgun, being as use of it on a plane (or anywhere else) by an typical American citizen would have been incomprehensible.

    the price of gas – 36 cents per gallon (before the 1973 oil crisis)

    this nation has paid so much for its unique relationship with Israel and Jews like Kissinger that it’s impossible to calculate. Certainly in the high trillion$, and that doesn’t count the deaths and hatred.

    >>sigh<<

    Read More
    ReplyAgree/Disagree/Etc. More... This Commenter This Thread Hide Thread Display All Comments
  12. E. Burke says:
    @Alden
    Attorneys are small business people who have to hustle for customers just like everyone else. Like restaurants, there are too many attorneys for too few customers. So even a small claims court commissioner or Judge has found a safe haven where he or she can make a decent living without having to be out there selling himself or herself to potential customers.

    Plus Judges don't have to pay their assistants salaries or rent or utilities or the cost of printing etc. It's a great gig for the 99 percent of attorneys who gross less than half a million a year.

    Another problem for attorneys is even that after winning a great settlement, it can take years to collect. Meanwhile the office expenses go on and on.

    You are so right. There are many successful practicing lawyers in their 40s, 50s, and 60s who are just worn down by the grind. Appellate judgeships are the closest thing to paid retirement, and the Federal ones have life tenure.

    Read More
    ReplyAgree/Disagree/Etc. More... This Commenter This Thread Hide Thread Display All Comments
  13. Patkins, Trump is turning into Neo-Conazi

    Read More
    ReplyAgree/Disagree/Etc. More... This Commenter Display All Comments
  14. Hibernian says:
    @Alden
    Attorneys are small business people who have to hustle for customers just like everyone else. Like restaurants, there are too many attorneys for too few customers. So even a small claims court commissioner or Judge has found a safe haven where he or she can make a decent living without having to be out there selling himself or herself to potential customers.

    Plus Judges don't have to pay their assistants salaries or rent or utilities or the cost of printing etc. It's a great gig for the 99 percent of attorneys who gross less than half a million a year.

    Another problem for attorneys is even that after winning a great settlement, it can take years to collect. Meanwhile the office expenses go on and on.

    I think the prestige of judicial office is also a major factor.

    Read More
    ReplyAgree/Disagree/Etc. More... This Commenter This Thread Hide Thread Display All Comments
  15. Avery says:
    @Anon
    Every time a Democratic president nominates a justice, he or she is confirmed with substantial support from Republicans. Sotomayor got 80 votes.

    But when a Republican nominates a justice, almost all Democrats oppose.

    { Sotomayor got 80 votes.}

    Anyone who spoke against Sotomayor would be branded a misogynist.
    But supporters of Gorsuch were too afraid to say it out loud: Gorsuch was apposed not because he was, quote, ‘not mainstream enough’ (as Schumer disingenuously put it), but because he is Christian.
    Gorsuch is unquestionably qualified, but the mob who is working tirelessly 24×7 to de-Americanize and de-Christianize America cannot stomach having a Christian Constitutionalist on SCOTUS.

    I don’t understand the reluctance to shout “anti-Christian bigot” by Christians who are massively discriminated against here in the US.

    Every time a Christian, particularly a Christian male (black, white, brown, yellow,…), is opposed for public office, the same medicine being administered to Christians (and males) should be administered to anti-Christians.

    Read More
    ReplyAgree/Disagree/Etc. More... This Commenter This Thread Hide Thread Display All Comments
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