Hon. JAMES O. EASTLAND, AMERICAN BAR ASSOCIATION, STANDING COMMITTEE ON FEDERAL JUDICIARY, DEAR SENATOR: The Standing Committee on the Federal Judiciary of the American Bar Association submits here with its report regarding Louis F. Powell. Our Committee, with respect to nominations for the Supreme Court limits its conclusions to the professional competence, judicial temperament, and integrity of the nominee. The Committee believes that without these characteristics no person is qualified to become a Justice of the Supreme Court. We recognize, however, that in the selection of a person for the Supreme Court by the President, and the consideration of that selection by the Senate, there are involved other factors of a broad political and ideological nature. Because the Committee does not take these factors into account, it wishes to make clear that it expresses no opinion on them, even though as will appear from what follows, its investigation revealed opposition from several sources to this nomination on that score. The Committee respects opinions on these factors on both sides; it does not attempt to evaluate them except to the extent, if any, that they appear to affect the element of judicial temperament. The present unanimous conclusion of the Committee, limited to the area described above, is that Mr. Powell meets high standards of professional competence, judicial temperament, and integrity. To the Committee, this means that, from the viewpoint of professional qualifications, Mr. Powell is one of the best persons available for appointment to the Supreme Court. EDUCATION Mr. Powell received his B.S. from Washington and Lee University in 1929 and his LL.B. in 1931. He ranked first in his law school class. He was a campus leader and has the high respect of those who knew him as a student and as an alumnus. He is presently a Trustee of Washington and Lee University. EXPERIENCE Since 1937 Mr. Powell has been a partner of the firm of Hunton, Williams, Gay, Powell & Gibson. This firm is one of the leading firms in the State of Virginia and Mr. Powell is regarded as one of the leading lawyers of Virginia. His practice has embraced extensive litigation experience as well as other fields of professional activity. He is a director of a dozen important corporations and also serves as a trustee, member of the Executive Committee and general counsel of Colonial Williamsburg, Inc. PUBLIC OFFICES From 1952 to 1961 he served as Chairman of the Richmond Public Schools Board. From 1962 to 1969 he was a member of the Virginia Board of Education. As Chairman of Richmond Public Schools Board he is credited with a substantial contribution to the peaceful desegregation of the Richmond School system. PROFESSIONAL ACTIVITIES Mr. Powell has been active in the American Bar Association since 1941. He served as a member of many committees and as chairman of several. After service in the House of Delegates and on the Board of Governors, he was elected president of the American Bar Association for the year 1964-65. He has served as president of the American Bar Foundation since 1969 and as president of the American College of Trial Lawyers for the year 1969-70. Mr. Powell's presidency of the American Bar is remembered as a year of significant achievement. The uniform and undeviating comment of those who worked with him and knew him in this position emphasizes his courtesy, temperance and effectiveness. Fourth Circuit REPUTATION One hundred thirty-two lawyers and judges were interviewed in the seven states of the Fourth Circuit. In addition, seven law school deans were asked for their own views and to the extent possible the views of their faculties. The Comments received can only be described as unrestricted enthusiasm for Mr. Powell. He has received in most eloquent and emphatic terms the highest possible praise of the members of the profession who have known him and worked with him. The law school faculties to the extent that their sentiment could be quickly obtained through the seven law school deans we interviewed are delighted with the President's choice. They regard him as moderate, temperate and extremely able—a most promising appointment to the Court. The comments run the range of conceivable compliments-"absolutely tops in integrity, forthrightness, candor and fairness," "a superb human being,' "one of our most capable individual practioners," "a sensible conservative," 'one of the finest lawyers and men I have ever known," "in every respect a great lawyer," "an example of selection based upon professional excellence," "a perfect gentleman and a distinguished scholar." The cross-section of lawyers interviewed included lawyers from all specialties including those deeply committed to the area of civil rights. Only two adverse comments were received. One lawyer critizicized Mr. Powell's firm for not having employed black lawyers and for its participation in the Prince Edward County school desegregation case. Another active civil rights lawyer expressed opposition to Mr. Powell's conservatism. This lawyer's partner, who is equally active in the civil rights matters has expressed his support for Mr. Powell. In part because of his American Bar Association relationships, but to a substantial degree he has been active in practice outside his own circuit, Mr. Powell was well know throughout the country. Every one of those in a position to express an opinion expressed approval of his nomination. Many did so in terms of almost unrestrained admiration-"one of the best lawyers in the country," "always a leader, quiet and forceful," "calm and restrained," "it would be difficult to find a more qualified appointee," "extraordinarily able person and a fine lawyer with great intellectual talent and capacity," "one of the ten best qualified men in the country," "a moderate but not a reactionary," "an intellectual with judicial temperament," "an outstanding lawyer, his integrity is beyond reproach, he has perfect temperament for the position." A significant number of lawyers and judges stated that Mr. Powell was their first choice for appointment. Others stated that although they disagree with his political philosophy, they were completely satisfied that he would have a "sound and lawyer-like approach to all questions.' Some of the law school faculties expressed regret or lack of enthusiasm because of Mr. Powell's conservatism but in most leading law schools the opinion was strongly favorable. For example, one scholar stated that there was no question as to his ability, that he was extraordinarily conscientious, that he was always prepared to reconsider his own viewpoints, that although he was traditionally conservative he was very fair and had a true breadth of outlook. Other comments from the law schools were: "A man of size who has humility, and depth and breadth of experience," "appointment is ideal," "highest calibre as a man and as a lawyer," "brilliant lawyer, level-headed, learned and a moderate." CIVIL LIBERTIES Members of the Committee have also spoken with representatives of labor and civil rights groups concerning Mr. Powell. This includes the AFL-CIO, the NAACP, the Americans for Democratic Action and Leadership Conference on Civil Rights. We have been informed that these groups are not opposed to Mr. Powell's confirmation. CONCLUSION It is the unanimous view of our Committee that Mr. Powell meets, in an exceptional degree, high standards of professional competence, judicial temperament and integrity and that he is one of the best qualified lawyers available for appointment to the Supreme Court. Respectfully submitted, LAWRENCE E. WALSH, Chairman. The CHAIRMAN. I will also place in the record the biography of the nominee. Mr. Rehnquist, is it correct? Mr. REHNQUIST. It is correct, I believe, Mr. Chairman. The CHAIRMAN. It will be placed in the record. (The biography referred to follows.) Name: William H. Rehnquist; Born: October 1, 1924, Milwaukee, Wisconsin. Marital Status: Married, 3 children (Wife: Natalie Cornell). Education: Stanford University, Stanford, California, 1948 B.A. degree, 1952 LL.B. degree. Harvard University, Cambridge, Mass., 1950 M.A. degree. Bar: 1952, District of Columbia; 1954, State of Arizona. Military Service: Mar. 4, 1943-Apr. 10, 1946 U.S. Army Air Force; Sergeant when discharged. Employment: Jan. 26, 1952-July 18, 1953 Law clerk to Associate Justice Robert H. Jackson, U.S. Supreme Court. July 18, 1953-Oct. 1, 1955 Evans, Kitchel and Jenckes, Phoenix, Ariz. Oct. 1, 1955—Jan. 1, 1957 Private practice with Keith Ragan, Phoenix, Ariz. Jan. 1, 1957-Jan. 1, 1960 Cunningham, Messenger, Carson and Elliott, Phoenix, Ariz. Partner. Jan. 1, 1960-Feb. 1, 1969 Powers and Rehnquist, Phoenix, Ariz. Feb. 1, 1969-Present U.S. Department of Justice, Office of Legal Counsel, Assistant Attorney General. Office: United States Department of Justice, Washington, D.C. Home: 7004 Arbor Lane, McLean, Va. To Be: Associate Justice of the Supreme Court of the United States. The CHAIRMAN. A resolution from the State Bar of Arizona and other letters will also be placed in the record. (The material referred to follows.) Hon. JAMES EASTLAND, Chairman, Senate Judiciary Committee, STATE BAR OF ARIZONA, Phoenix, Ariz., October 26, 1971. SIR: I have enclosed a resolution of the Board of Governors of the State Bar of Arizona strongly endorsing the nomination and appointment of William H. Rehnquist as an Associate Justice of the Supreme Court of the United States. The State Bar of Arizona is greatly honored by Mr. Rehnquist's nomination and would like to be on record as enthusiastically supporting his appointment. Should your committee request appearances in connection with its consideration of Mr. Rehnquist's nomination, a representative of the State Bar of Arizona would be honored to appear on behalf of Mr. Rehnquist's appointment. Sincerely, HOWARD H. KARMAN, President. RESOLUTION Whereas, Mr. William H. Rehnquist, a member of the State Bar of Arizona, has been nominated by the President of the United States as an Associate Justice of the Supreme Court of the United States, subject to the advice and consent of the Senate; and Whereas, Mr. Rehnquist has continually demonstrated the very highest degree of professional competence and integrity and devotion to the ends of justice both in the State of Arizona and the United States of America; therefore, it is Resolved by the Board of Governors of the State Bar of Arizona that the said Board of Governors unanimously endorses the nomination and appointment of WILLIAM H. REHNQUIST as an Associate Justice of the Supreme Court of the United States; and be it further Resolved, that the president of this association be, and he is hereby authorized and directed to proceed in an appropriate manner to communicate this endorsement to the Judiciary Committee of the United States Senate, including, but not limited to, an appearance by a representative of the State Bar of Arizona before such committee in support of Mr. Rehniquist's nomination and appointment. The above resolution was unanimously adopted by the Board of Governors of the State Bar of Arizona at its meeting on October 23, 1971. Attest: HOWARD H. KARMAN, President. ELDON L. HUSTED, Executive Director. MOORE, ROMLEY, KAPLAN, ROBBINS & GREEN, Sen. EDWARD W. BROOKE, DEAR SENATOR BROOKE: As the Senate undertakes to deliberate upon President Nixon's recent nominations, I urge your favorable consideration of the appointment of William H. Rehnquist as as Associate Justice of the United States Supreme Court. I have known Mr. Rehnquist well as a professional colleague for many years. He is an outstanding lawyer, completely thorough, scholarly, perceptive, articulate and possessed of the utmost integrity as well as a keen wit. He enjoys the highest respect of his fellow lawyers for his legal talent. There is, in my mind, no question about Mr. Rehnquist's legal qualifications to serve upon the Supreme Court. Parenthetically, I wish to state that I do not share much of Mr. Rehnquist's political views or philosophy. But that hardly detracts from his legal abilities or from my recognition of those abilities. Nor am I aware of any real basis for characterizing his views as extremist. Mr. Rehnquist is a consummate advocate, as any good lawyer must be. He states his views (or the views of those whom he represents) with the zeal of a skilled advocate. This is what he is trained to do, and should not be misunderstood as extremism. For many years I have worked to build bridges of communication and understanding among our many groups of people in Phoenix. I have been, and am, most concerned with prejudice and discrimination against minority groups. In 1963, I was appointed by the Mayor to the City of Phoenix Human Relations Commission, which is dedicated to the elimination of this monstrous social disease. For several years I served as Chairman of the Commission. I have also served as President or Chairman of other organizations whose functions are to promote better human relations among all people. In all my years of intergroup relations in this community, I never once heard reference to Mr. Rehnquist as bearing hostility toward minority persons. He did, as I recall, disagree with the content of certain proposed civil rights legislation at both the City and State levels. But unlike others, whose opposition was clearly suspect, Mr. Rehnquist's objections were based on legal grounds which he presented in a sincere fashion. I do not profess to know everything Mr. Rehnquist has ever said or done. On the basis of what I do know, however, I believe that it is neither accurate nor fair to label him as a "racist," sophisticated or otherwise. If desired by the Senate Judiciary Committee, I would be happy to appear and testify in greater detail in favor of the appointment of Mr. Rehnquist. By copy of this letter to Senator Eastland, I am informing him of my availability. Yours very truly, JARRIL F. KAPLAN. Hon. JAMES O. EASTLAND, New Senate Office Building, Washington, D.C. STANFORD LAW SCHOOL, Stanford, Calif., October 28, 1971. DEAR SENATOR EASTLAND: This letter expresses my unqualified and enthusiastic support of the nomination of William H. Rehnquist as Associate Justice of the U.S. Supreme Court and the hope that his nomination will be speedily approved by the Committee and confirmed by the Senate. During his student days in the Stanford Law School I came to intimately know Bill Rehnquist in the classroom, in my office, and in my home. Since his graduation in 1952 we have kept in touch with each other and have had frequent chats about his professional activities in private practice and in pubilc service. As a student he was nothing short of brilliant, dogged in his determination to achieve excellence and persistent in his expectation of excellence on the other side of the podium. I vividly recall that in the give and take of the classroom he tested my stature and sharpened my thinking as an instructor many times. He was always forthright and courageous, never equivocal, never evasive, always refined and profound in his analysis of difficult problems; his thoughts were always precisely formulated and precisely expressed. In those days it was so very easy for one like myself to predict with complete confidence that he would have a distinguished professional career, that he would become, as the President has called him, a "lawyer's lawyer," and that he would fully meet his obligations to society as a lawyer citizen. Bill Rehnquist is not only qualified, but is eminently qualified to be a Justice of the Supreme Court. He is a fine person, a lawyer of extraordinary ability and competence, extraordinarily well equipped to meet and resolve with wisdom and good judgment those delicate and complex issues which confront a Justice, and above all else he is a man of complete intellectual and personal integrity. He will have a distinguished career on the Court. DEAR SENATOR EASTLAND: It was my privilege to serve as Deputy Assistant Attorney General for the Office of Legal Counsel, United States Department of from May, 1969 through July, 1970. In that capacity, I worked very closely with Justice, during the period from May, 1969 through July, 1970. In that capacity, I worked very closely which William H. Rehnquist, the Assistant Attorney General for the office nominated for a Supreme Court position by the President last week. I urge you to support his nomination. William H. Rehnquist is as fine a lawyer as I have encountered. He has a scholarly, intellectual approach to legal problems which is not found in many practicing lawyers. While he and I did not always agree on the resolution of legal issues, I always received a fair hearing and found him eager to learn all that he could before making a decision. In addition to a powerful legal mind, and perhaps equally as important, Mr. Rehnquist has abiding interest in and concern for the development of the law and legal institutions. He has all the qualities to become a truly great judge, and to assume a substantial degree of intellectual leadership on the Court for a number of years to come. Based upon my close working relationship with Mr. Rehnquist, I believe he is exceptionally well qualified for the position to which he has been nominated. I might also add that I have been somewhat dismayed by charges made during the past that he is a "racist." That is a term used rather loosely these days, but I surely hope that we have not reached the point where all political conservatives |