THE VIRGINIA BAR ASSOCIATION, Hon. JAMES O. EASTLAND, Chairman, Senate Judiciary Committee, DEAR SENATOR EASTLAND: The Executive Committee of the Virginia Bar Association has noted with gratitude the nomination by the President, subject to confirmation by the Senate, of Lewis F. Powell, Jr., Esquire of Virginia to the Supreme Court of the United States. It has directed me to transmit to you a copy of a resolution adopted unanimously at the meeting of the Association held on January 18, 1969 setting forth the views of the membership as to Mr Powell's qualifications for this office and you will find the same enclosed with this letter. In addition, the Executive Committee at its quarterly meeting held on October 23, 1971 unanimously and enthusiastically endorsed Mr. Powell for this appointment. The members of the Committee are personally acquainted with Mr. Powell and familiar with his outstanding record as a practicing lawyer. We feel that in all respects he is thoroughly qualified for the position for which he has been nominated and endorse as of this date all that was said about him in the resolution adopted by the Association nearly three years ago. We therefore urge favorable consideration by your committee of the President's nomination of Mr. Powell and of his confirmation by the Senate. If it is appropriate to do so and if desired by your committee, I would be happy to appear and personally convey to the committee the views expressed herein. Respectfully submitted. JOHN S. DAVENPORT, III, President. THE VIRGINIA BAR ASSOCIATION RESOLUTION ADOPTED AT THE MEETING OF THE MEMBERSHIP OF THE VIRGINIA BAR ASSOCIATION, JANUARY 18, 1969 Whereas Lewis F. Powell, Jr., Esquire, of Richmond, Virginia is superbly qualified by every standard of character, personality, legal ability, and experience for appointment to the Supreme Court of the United States, and Whereas Mr Powell's record of leadership at the Bar and in the legal profession exemplified by his distinguished service as President of the American Bar Association in 1964–65 and his outstanding contributions to the welfare of his city, state, and nation in many and varied fields, illustrated by his membership on the National Commission on Law Enforcement and The Administration of Justice appointed by President Johnson in 1965, and the Virginia Constitutional Revision Committee appointed by Governor Godwin in 1968, as well as his service as President of the Virginia State Board of Education, demonstrate the maturity of his judgment, the breadth of his experience and his capacity for sustained endeavor: Now, therefore, be it Resolved, That the Virginia State Bar Association warmly endorses and respectfully recommends the appointment of Lewis F. Powell, Jr. to the Supreme Court of the United States when a vacancy occurs, and directs that copies of this resolution, appropriately attested, be forwarded to the President of the United States and to the members of the Virginia delegation in the Congress of the United States. COMMONWEALTH OF VIRGINIA, VIRGINIA STATE BAR, Richmond, Va., November 1, 1971. Hon. Wм. B. SPONG, JR., DEAR SENATOR SPONG: Enclosed is a copy of a resolution approved by the Virginia State Bar Council urging the approval of the nomination of Lewis F. Powell, Jr., to the United States Supreme Court. I have been directed to forward this resolution to the Senators from Virginia to indicate the unanimous approval of the Council of Mr. Powell's nomination. At the Annual Meeting in May, 1969, the members of the Virginia State Bar attending the Annual Meeting held that year in Staunton approved a resolution urging the appointment of Lewis F. Powell, Jr., to fill a vacancy then existing on the United States Supreme Court. A copy of that resolution was sent to President Nixon and Attorney General Mitchell. Sincerely, N. SAMUEL CLIFTON, Executive Director. RESOLUTION RE NOMINATION OF LEWIS F. POWELL, JR., TO SUPREME COURT Whereas, it is deemed obligatory that recognized segments of our society invite the attention of the Senate of the United States to any informed opinion held as to the qualifications of a nominee to the Supreme Court of the United States; and Whereas, the true stature of a man being best understood by those privy to his conduct under many and varied circumstances, this obligation is most pressing on the organized Bar of the State of Virginia as to Lewis F. Powell, Jr.; and Whereas, Lewis F. Powell, Jr. has long been recognized as fully seasoned in responsible advocacy and counseling and in community problem solution, through his consistent application for some four decades to issues of legal and social obligation and right of a thorough grounding in history, precedent and experience; of a clarity and objectivity of analysis; of a sensitive realism as to the constancy of change and the accompanying necessity that all institutions responsibly accommodate change tc remain viable; and of a judgment founded in his confident belief in the dignity of the individual and the ascendancy of principle, which judgment he has exercised free from crippling apprehension and polarization in the presence of sincerely held and championed differences; Now, therefore, be it Resolved, That the Council of the Virginia State Bar in regular meeting assembled, does embrace this opportunity to endorse and support the nomination of Lewis F. Powell, Jr., to the Surpeme Court of the United States for the reasons referred to in the preamble to this resolution; and be it further Resolved, That the President of the Virginia State Bar is directed to send to members of the United States Senate from Virginia copies of this resolution with the request that the attention of the full Senate be invited thereto. Adopted by the Council of the Virginia State Bar, October 20, 1971. A Copy Teste: N. S. CLIFTON, Executive Director, Sen. JAMES O. EASTLAND, VIRGINIA TRIAL LAWYERS ASSOCIATION, on Chairman, Senate Judiciary Committee, Senate Office Building, Washington, D.C. DEAR SENATOR EASTLAND: The Virginia Trial Lawyers Association September 25, 1971, passed a Resolution endorsing Lewis F. Powell for appointment to the Supreme Court of the United States. In view of the fact that President Nixon has now appointed Mr. Powell, subject to Senate confirmation, I thought it would be appropriate for your Committee to have knowledge of our action. We think it also proper that your Committee be advised that our Association presented to Mr. Powell its Distinguished Service Award in 1965 for his outstanding contribution to the advancement of the administration of justice in America. Our Association consists of approximately 1300 trial lawyers throughout the Commonwealth of Virginia. The action which we took in endorsing Mr. Powell for the Supreme Court was unanimously approved by our Board of Governors, and I can assure you that he has the greatest admiration and respect of all segments of the trial bar of Virginia. We are sure that your Committee, once you are fully apprised of Mr. Powell's legal qualifications, will have no reservations about recommending his confirmation to the Senate. Sincerely, WILLIAM B. POFF, President. BAR ASSOCIATION OF THE CITY OF RICHMOND, RESOLUTION Richmond, Va. Whereas, Lewis F. Powell, Jr., of Richmond, Virginia, is eminently qualified in all respects to serve as a Justice of the Supreme Court of the United States; and 69-267-71-7 Whereas, Mr. Powell's record of leadership in the legal profession, exemplified by his distinguished service as President of the American Bar Association in 1964-65, President of the American College of Trial Lawyers in 1969-70 and President of the American Bar Foundation in 1969-71, and his outstanding contributions to the welfare of his community, state and nation in many and varied fields, including service on the National Commission on Law Enforcement and the Administration of Justice, on the Blue Ribbon Defense Panel, on the Virginia Constitutional Revision Commission and as Chairman of the Richmond City and President of the Virginia State Boards of Education, amply demonstrate his knowledge of the law and his dedication to the cause of justice, the maturity of his judgment, the breadth of his experience and the esteem in which he is held by all who know him; and Whereas, Mr. Powell's most excellent character, simple humanity and unassuming modesty have remained unaffected by the high honors accorded him; and Whereas, in 1969, the Bar Association of the City of Richmond unanimously recommended the appointment of Mr. Powell to the Supreme Court of the United States; now, therefore, be it Resolved, That the Bar Association of the City of Richmond, by and through its Executive Committee, unanimously endorses and supports the President's nomination of Lewis F. Powell, Jr. to the Supreme Court of the United States and strongly urges his confirmation by the United States Senate; and be it further Resolved, That a copy of this resolution be forwarded to the Chairman of the Committee on the Judiciary of the United States Senate, to the Attorney General of the United States, and to the two United States Senators from Virginia. Given under my hand this 28th day of October, 1971. [SEAL] Attest: RICHARD MOORE, JR., President. Senator SPONG. Lastly, I should like to thank you for your courtesy in allowing Senator Byrd and me to appear early this morning in order that we may attend the funeral of Senator Robertson. Thank you. Senator BYRD. Mr. Chairman, may I say I have some inserts for the record, too. The CHAIRMAN. They will be received. (The material referred to follows:) MATERIAL SUBMITTED BY SENATOR BYRD OF VIRGINIA CONTENTS (1) Richmond Times-Dispatch, October 22, 1971, "A Brilliant Nomination." (2) The Richmond News Leader, October 22, 1971, "Mr. Justice Powell." (3) The Washington Daily News, October 22, 1971, "New Choices for the Court." (4) WRVA Radio, Richmond, Editorial Opinion-October 22, 1971, "Mr. Justice Powell." (5) Norfolk Ledger-Star, October 22, 1971, "Excellence for the Court." (6) Richmond Times-Dispatch, October 23, 1971, "Powell: 1 of 100." (7) Newport News Times-Herald, October 23, 1971, "Exceptional Nomina (8) The Roanoke Times, October 23, 1971, "Hooray for Mr. Powell and Mr. Nixon!" (9) The Norfolk Virginian-Pilot, October 23, 1971, "Good Choices for the Court." (10) The Newport News Daily Press, October 23, 1971, "Summoned to Serve." (11) The Lynchburg News, October 24, 1971, "Mr. Nixon Nominates." (12) The Washington Sunday Star, October 24, 1971, "Those Surprising Supreme Court Nominations." (13) The Petersburg Progress Index, October 25, 1971, "Two Admirable Nomi nations." (14) Harrisonburg Daily News-Record, October 25, 1971, "An Excellent Choice." (15) The Roanoke World-News, October 23, 1971, "Curtain on Confounding Court Issue?" (16) The Bristol Virginia-Tennessean, October 23, 1971, "The Two Nominees." (17) The Strasburg Northern Virginia Daily, October 23, 1971, “Highly Qualified." (18) The Covington Virginian, October 25, 1971, "The Theme of Excellence." (19) The Lexington News-Gazette, October 27, 1971, "The Powell Appointment." (20) The Hillsville Carroll News, October 28, 1971, "Powell and Rehnquist." (21) Richmond Times-Dispatch, November 1, 1971, "Powell: Voice of Restraint." [From the Richmond Times-Dispatch] (1) A BRILLIANT NOMINATION In nominating Lewis F. Powell Jr. of Richmond for one of the two vacant seats on the U.S. Supreme Court, President Nixon has made a brilliant choice. No man in the country is better qualified-temperamentally, intellectually and professionally-to serve on the nation's highest bench. Lewis Powell is an outstanding American, a man of reason, compassion and conscience. Time after time, he has demonstrated deep devotion to his city, his state, his nation and his profession. In crisis after crisis, his wise counsel has served as a beacon to guide men of goodwill to constructive solutions to difficult problems. A review of Mr. Powell's distinguished civic career confirms his intense desire to serve his fellow man. As chairman of the Richmond School Board and president of the State Board of Education he contributed immeasurably to the advancement of public education in the city and in the state. As a member of the President's Crime Commission in 1967, he offered eminently constructive views on the causes and cures of one of the nation's most perplexing domestic problems. As a member of the President's Blue Ribbon Defense Panel, which submitted its report last year, he participated in a brilliant analysis of this nation's military problems and of its defense needs. As chairman of the Richmond Charter Commission in 1948, he helped prepare the framework of the council-manager form of government under which the city has progressed. In other ways, too-by serving on boards and commissions and by supporting numerous civic causes-Mr. Powell has contributed his knowledge and talents to society. Professionally, Mr. Powell has attained impressive heights. He has served as president of the Richmond Bar Association, president of the American Bar Association and president of the American College of Trial Lawyers. Clearly, he commands the respect of his professional colleagues throughout the nation, a fact that underscores the wisdom of Mr. Nixon's decision. A quiet and modest man, Mr. Powell has profound respect for the Constitution. He has profound respect also for the Supreme Court, believing that its decisions must stand as the law of the land until and unless they are changed by constitutional processes. His views on law and order reveal an abhorrence of extreme permissiveness and a belief that victims of crime and violence deserve far more consideration than courts have given them in recent years. For example, a supplementary statement which Mr. Powell and three others submitted in the crime commission's report noted that: "We are passing through a phase in our history of understandable, yet unprecedented, concern with the rights of accused persons. This has been welcomed as long overdue in many areas. But the time has come for the rights of citizens to be free from criminal molestation of their persons and property. In many respects, the victims of crime have been the forgotten men in our society-inadequately protected, generally uncompensated, and the object of relatively little attention by the public at large." That the Senate would find anything in Mr. Powell's record to justify his rejection for the Supreme Court is unthinkable. Senators, legal scholars and others have called upon Mr. Nixon to submit the names of qualified nominees. Lewis Powell is a man of excellence, and the Senate should have no trouble confirming him. Mr. Nixon's second nominee, William H. Rehnquist, also appears to have the necessary qualifications to serve on the court. But his career and background are less familiar then Mr. Powell's and therefore require more extensive evaluation. It is now the Senate's duty to act promptly and fairly on Mr. Nixon's nominees so that the court can be restored to full strength and begin to function normally. [Editorial from the Richmond News Leader, October 22, 1971] (2) MR. JUSTICE POWELL In the "Republic" Plato said, "States are as the men are; they grow out of human characters." So they do. Yet during the past few decades there has been a deepening feeling on the part of the public that this beloved nation-this state-suffers from a paucity of men possessing the sorts of character from which the state could draw strength. Today the American people should be proud of their President. Last night he spoke to their despairing sensitivities, and allayed them. He nominated Lewis Powell for a seat on the Supreme Court. Many who know him have long believed that somewhere in his future there ought to be a judgeship for Lewis Powell. Indeed, many have flirted with the vagrant notion that if there were no place for him among the nine regular seats on the Supreme Court, an extra seat ought to be created for him. He is that qualified. But in recent years those sentiments have been put aside as forlorn dreams: At 64, the reasoning went, he is too old. Such a deposition might be cited with a good deal of veracity in making a case against the pettifoggers in the legal profession, but not against Lewis Powell. Today's news columns are full of his achievements. He possesses an eminent record of distinguished public and professional service-a record of honor and excellence. His mammoth intellectual capacity has expanded with every passing year. We intend to hyperbole: No man could better serve this nation or the Court than Lewis Powell. As President Nixon said, "Ten years of him (on the Court would be) worth 30 years of most." How does one describe him? One searches for the proper adjectives. Reflective, yes. Scholarly, yes. Judicious, certainly. Incisive. Quiet. Kind. A man about whom, in Emerson's phrase, there is "a certain toleration, a letting be and a letting do, a consideration and allowance for the faults of others, but a severity to his own.' ." Yet the best word, the most apt, is careful. He regards the law, perhaps, as the ultimate result of human wisdom acting from human experience for the benefit of the public. And he has the ideal temperament for applying the law. He has zest. He has a frank, unfrittering aplomb which never is too shy to ask questions, to probe, sniff, peek under, look behind, and get at what is there. His personal tastes are strong, but they are not so subjective that they preempt prudent analysis. The character of the citizen is the strength of the state. As that is true, so it is true that the Supreme Court requires strength of character. Lewis Powell, a careful and utterly honest man, is strong character personified. He has held more posts of honor than lesser men can count. He is a Virginian in the grand tradition, and that says it all. That says it with the full amount of pride that he and his nation are due. How absolutely fitting it is that in his seventh decade he should be nominated to ascend to the highest court in the land to take the title of Mr. Justice Powell. [From the Washington Daily News, Oct. 22, 1971] (3) NEW CHOICES FOR THE COURT On the basis of their public records, and in the light of their judicial and intellectual qualifications, President Nixon has selected two men for the Supreme Court perfectly in line with the type of justices he promised in his 1968 campaign. Lewis F. Powell Jr. of Richmond is nationally known as a legal scholar and is a former president of the American Bar Association, a fact testifying to the esteem he has gained among lawyers. William H. Rehnquist of Arizona is an assistant U.S. attorney general who once was law clerk to the late Justice Robert H. Jackson. As the President said, both of these men have distinguished themselves in their profession, beginning in their student days. Mr. Rehnquist is a specialist in constitutional law and Mr. Powell has been a teacher as well as a practitioner. Neither has had judicial experience, which is desirable, but otherwise they appear to have all of the attributes and legal competence necessary to fill the positions left vacant by two of the Supreme Court's giants-Justices John M. Harlan and the late Hugo L. Black. |