ALPHABETICAL LIST OF WITNESSES Callas, Charles, former research assistant, Subcommittee on Internal Christopher, Warren, Deputy Attorney General of the United States. Clark, Hon. Ramsey, Attorney General of the United States. Griffin, Hon. Robert P., U.S. Senator from_Michigan_ Hicks, W. B., executive secretary, Liberty Lobby. Lewis, Marx, chairman, Council Against Communist Aggression Pago 83 315 291 8 75 103, 164, 176, 212 89 100 41 283 77 69, 255, 271 65 Thornberry, Hon. Homer, nominee to be an Associate Justice of the Supreme Court Yarborough, Hon. Ralph, U.S. Senator from Texas.. DOCUMENTS IN THE RECORD Letter, dated July 8, 1968, from Alfred E. Jenner, Jr., American Bar Telegram, dated July 10, 1968, from law school professors in regard to the Notice of hearing, dated July 12, 1968. Telegram, dated July 8, 1968, to the American Bar Association Letter, dated July 8, 1968, from Albert E. Jenner, Jr., American Bar Biographical sketch of Abe Fortas. Letter, dated July 19, 1968, from the Honorable Abe Fortas to the Letter, dated July 26, 1968, from Paul A. Porter to the Honorable James Exhibit No. SCHEDULE OF EXHIBITS 1. Department of Justice, memorandum, power of the President to nominate and of the Senate to confirm Mr. Justice Fortas to be Chief Justice of the United States and Judge Thornberry to be Associate Justice of the Supreme Court. 2. Associated Press news story, "Warren To Stay if Fortas Nixed," 3. Warren-Johnson letters, New York Times, June 27, 1968. 5. Editorial, "The Court and the Men," New York Times, June 30, 1968. 7. Supreme Court nominations made during the last year of a President's last term in office, information supplied by the Library of Congress Legislative Reference Service. 8. The Gallup Poll, "High Court Gets a Low Rating," the Washington Post, July 10, 1968. 9. Letter, dated June 28, 1968, from Page Keeton, dean, University of Texas School of Law, to Hon. James O. Eastland on the nomination of Judge Thornberry 10. Letter, dated July 1, 1968, from David W. Dyer, circuit judge, U.S. Court of Appeals, Fifth Judicial Circuit, to Hon. George Smathers on the nomination of Judge Thornberry. 11. Letter, dated July 1, 1968, from Charles O. Galvin, dean of law, Southern Methodist University, to Hon. James O. Eastland on the nomination of Judge Thornberry.. Page 365 395 395 396 398 399 400 401 402 403 403 12. Letter, dated July 6, 1968, from Kenneth L. Black, professor of law, University of Florida School of Law, to Hon. James O. Eastland on the nomination of Judge Thornberry. 404 13. Editorial, "The President's 'Cronies' Are Both Outstanding Men," the Wichita Eagle, June 28, 1968. 404 14. Letter, dated July 1, 1968, from Wade H. McCree, Jr., circuit judge, U.S. Court of Appeals, Sixth Circuit, to Hon. Philip A. Hart on the nomination of Judge Thornberry.... 405 15. Excerpt, hearings, part 10, Internal Security Subcommittee, 1952. 405 409 17. Letter, dated April 1968, by Martin Luther King, Jr., on the basis for the poor people's campaign... 410 18. "What 36 State Chief Justices Said About the Supreme Court," U.S. News & World Report, October 3, 1958. 411 19. "How Constitution Is Amended," excerpt from Cooley's Constitutional Limitations, eighth edition, volume 1, page 70. 435 20. Excerpt from George Washington's Farewell Address_ 435 21. Address by Hon. Sam J. Ervin, "Nomination of Thurgood Marshall to be Associate Justice of the U.S. Supreme Court," Congressional Record, August 30, 1967 435 22. Supreme Court decision, 1967, Amalgamated Food Employees Union Local 590 v. Logan Valley Plaza, Inc. 23. Supreme Court of Pennsylvania decision, 1967, Logan Valley Plaza, Inc. v. Amalgamated Food Employees Union Local 590, opinion and dissent 451 24. Supreme Court decision, 1967, NLRB v. Allis-Chalmers Mfg. Co... 29. Supreme Court decision, 1967, Theodore Stovall v. Wilfred Denno 486 492 535 690 731 761 848 34. Supreme Court decision, 1966, Harper v. Virginia Board of Elections_ Page 855 879 907 938 38. Address by Hon. Sam J. Ervin, "The Role of the Supreme Court as the Interpreter of the Constitution," May 6, 1966 39. Address by Prof. Phillip B. Kurland, University of Chicago Law 980 986 992 41. Article, "How U.S. Judges Feel About the Supreme Court, News & World Report, October 24, 1958.. U.S. 994 42. Supreme Court decision, 1967, Warden, Maryland Penitentiary v. Hayden 997 43. Supreme Court decision, 1968, Sibron v. New York_ 44. Supreme Court decision, 1967, Terry v. Ohio.... 1029 1072 45. Judicial restraint in the opinions of Mr. Justice Fortas.. 1110 46. Article by Marquis Childs, "Law Industry," Washington Post, May 22, 1946. 1114 47. Memorandum, re judicial performance of Mr. Justice Fortas, submitted by Hon. Philip A. Hart. 1115 1124 48. Supreme Court decision, 1937, Breedlove v. Suttles, Tax Collector_ 50. Decision, U.S. District Court, Western District of Texas, 1968, 1132 1155 51. Exhibits, submitted by James J. Clancy, National Organization, Citizens for Decent Literature. 1159 52. Supreme Court decision, 1968, Joseph Lee Jones, v. Alfred H. Mayer Company 1182 53. Article, "Advise and Consent," from the Statesville, N.C., Landmark, submitted by Hon. Sam J. Ervin_. 1251 54. News story, "Fortas Condemns Columbia Protest," New York Times, May 24, 1968.. 1252 55. Address by Hon. Owen J. Roberts, former Associate Justice of the 57. Proposed constitutional amendment relating to the appointment of 59. Municipal licenses, city of San Diego, Reed Enterprises, Corinth Publications. 1253 1258 1259 1259 1264 60. Executive Report 7, 80th Congress, 1st session, 1947, Committee on the Judiciary, on the use of judges in non judicial offices in the Federal Government 61. Report 1893, 86th Congress, 2d session, 1960, Committee on the Judiciary, expressing the sense of the Senate that recess appointments to the Supreme Court should not be made except under unusual circumstances.. ALPHABETICAL LIST OF CASES IN EXHIBITS 1268 1279 Amalgamated Food Employees Union Local 590 v. Logan Valley Plaza, Green v. United States, Mr. Justice Frankfurter's concurring opinion, exhibit 32. 847 Harper v. Virginia Board of Elections, exhibit 34. 855 Page Jones v. Alfred H. Mayer Company, exhibit 52. 1182 Katzenbach v. Morgan, exhibit 36 907 Keyishian v. Board of Regents, exhibit 27. 690 Logan Valley Plaza, Inc. v. Amalgamated Food Employees Union Local 590, exhibit 23.. 486 Miranda v. Arizona, exhibit 26 580 National Labor Relations Board v. Allis-Chalmers Mfg. Co., exhibit 24. 492 University Committee to End the War in Vietnam v. Lester Gunn, exhibit 50. 1155 Warden, Maryland Penitentiary v. Hayden, exhibit 42. 997 NOMINATIONS OF ABE FORTAS AND HOMER THORNBERRY THURSDAY, JULY 11, 1968 U.S. SENATE, COMMITTEE ON THE JUDICIARY, The committee met, pursuant to call, at 10:45 a.m., in room 2228, New Senate Office Building, Senator James O. Eastland (chairman) presiding. Present: Senators Eastland (presiding), McClellan, Bayh, Ervin, Dodd, Hart, Burdick, Smathers, Hruska, Fong, Scott, and Thurmond. Also present: John Holloman, chief counsel; Thomas B. Collins, George S. Green, Francis C. Rosenberger, Peter M. Stockett, Robert B. Young, C. D. Chrissos, and Claude F. Clayton, Jr. The CHAIRMAN. The hearing this morning has been scheduled for the purpose of considering the nomination of Associate Justice Abe Fortas to be Chief Justice of the United States. Notice of the hearing was published in the Congressional Record July 1, 1968. By letter of July 8, 1968, the Standing Committee on Federal Judiciary of the American Bar Association states that "The committee is of the view that Associate Justice Fortas is highly acceptable from the viewpoint of professional qualifications." I place in the record a letter from the American Bar Association, dated July 8, 1968; a personal letter from Mr. William P. Gossett, president-elect of the American Bar Association, dated July 2, 1968, endorsing the nominee; and a telegram from various law professors endorsing the nominee. (The letters and telegram referred to for incorporation in the record at this point follows:) Hon. JAMES O. EASTLAND, Chairman, U.S. Senate Judiciary Committee, AMERICAN BAR ASSOCIATION, DEAR SENATOR EASTLAND: Thank you for your telegram affording this Committee an opportunity to express an opinion or recommendation on the nomination of Honorable Abe Fortas to be Chief Justice of the Supreme Court of the United States. Our Committee is of the view that Associatie Justice Fortas is "highly acceptable from the viewpoint of professional qualifications". As the past distinguished chairman of our Committee, Robert W. Meserve, Esquire, of Boston, Massachusetts, wrote you under date of September 7, 1962 in respect of the report of the Committee concerning the qualifications of Honorable Arthur J. Goldberg to be an Associate Justice of the Supreme Court of the United States, we conceive it to be, in respect of the qualifications of a nominee to serve |