NOMINATIONS OF WILLIAM H. REHNQUIST AND LEWIS F. POWELL, JR.

3.

HEARINGS & & finitive repr

BEFORE THE

COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE

NINETY-SECOND CONGRESS

FIRST SESSION

ON

NOMINATIONS OF WILLIAM H. REHNQUIST, OF ARIZONA, AND
LEWIS F. POWELL, JR., OF VIRGINIA, TO BE ASSOCIATE
JUSTICES OF THE SUPREME COURT OF THE UNITED STATES

69-267

NOVEMBER 3, 4, 8, 9, AND 10, 1971

Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON: 1971

For sale by the Superintendent of Documents, U.S. Government Printing Office
Washington, D.C. 20402-Price $1.75

COMMITTEE ON THE JUDICIARY

JAMES O. EASTLAND, Mississippi, Chairman

William H. Rehnquist, nominee to be Associate Justice of the U.S. Supreme

Court....

16

THURSDAY, NOVEMBER 4, 1971

Harry F. Byrd, Jr., U.S. Senator from Virginia..

William B. Spong, Jr., U.S. Senator from Virginia.

David E. Satterfield III, Representative from Virginia.

William H. Rehnquist, nominee to be Associate Justice of the U.S. Supreme

Court.

Walter E. Craig, U.S. district judge for Arizona__

87

88

109

137

179

MONDAY, NOVEMBER 8, 1971

Lewis F. Powell, Jr., nominee to be Associate Justice of the Supreme Court.

201

TUESDAY, NOVEMBER 9, 1971

Clarence Mitchell, director, Washington Bureau, National Association for

the Advancement of Colored People, and legislative chairman, Leader-

ship Conference on Civil Rights..

289

Joseph L. Rauh, Jr., counsel, Leadership Conference on Civil Rights,

Washington, D.C...

Lowell P. Weicker, Jr., U.S. Senator from Connecticut__

Andrew J. Biemiller, legislative director, AFL-CIO..

399

400

William Dodds, political action director, United Automobile, Aerospace

& Agricultural Implement Workers of America, UAW, on behalf of

Leonard Woodcock, president, UAW--

419

Barbara Greene Kilberg, attorney, National Women's Political Caucus_-

Wilma Scott Heide, president, National Organization for Women, Inc----

Paul N. McCloskey, Jr., Representative from California____

421

423

441

Gary Orfield, assistant professor of politics and public affairs, Princeton

University--

442

Barbara Hurst, Ad Hoc Committee of Brown Students--

Jonathan Rogers, Ad Hoc Committee of Brown Students_

Catherine G. Roraback, president, National Lawyers Guild_

Paul O'Dwyer, attorney, New York City--

452

452

456

463

John W. White, legislative director, National Alliance of Postal and

Federal Employees--

470

Lucille Buffalino, Celebrate Life Committee, Long Island, New York..

Margaret Devlin, Wantagh, N. Y.

Mrs. Florance Quigley, Brooklyn Right to Life Committee, Inc.-.

478

John L. Sullivan, Long Island Right to Life Committee, Inc...

480

DOCUMENTS IN THE RECORD

WEDNESDAY, NOVEMBER 3, 1971

American Bar Association letter, dated November 2, 1971, in regard to

William H. Rehnquist..

American Bar Association letter, dated November 2, 1971, in regard to

Lewis F. Powell, Jr.

Biographical sketch of William H. Rehnquist.

Resolution of the State Bar of Arizona in regard to William H. Rehnquist__

Letter in regard to William H. Rehnquist from Jarril F. Kaplan..

Letter in regard to William H. Rehnquist from John B. Hurlbut

Letter in regard to William H. Rehnquist from Thomas E. Kauper.

Letter in regard to William H. Rehnquist from Robert H. Bork

Letter in regard to William H. Rehnquist from Ralph K. Winter_.

Letter in regard to William H. Rehnquist from Phil C. Neal-

Letter in regard to William H. Rehnquist from Willard H. Pedrick.

Statement of Representative Morris K. Udall in regard to William H.

Rehnquist..

Statement of Representative Sam Steiger in regard to William H.

Rehnquist.

Letter, dated February 14, 1970, by William H. Rehnquist to the Wash-

ington Post, “A reply to two editorials on the Carswell nomination”............-

THURSDAY, NOVEMBER 4, 1971

Resolution, dated October 27, 1971, of the Virginia Bar Association in

regard to Lewis F. Powell, Jr..

Resolution, dated November 1, 1971, of the Virginia State Bar in regard

to Lewis F. Powell, Jr.

Resolution, dated October 29, 1971, from the Virginia Trial Lawyers

Association in regard to Lewis F. Powell, Jr.

Resolution, dated October 28, 1971, of the Bar Association of the City

of Richmond in regard to Lewis F. Powell, Jr..

Twenty-one editorials and newspaper items in regard to Lewis F. Powell,

Jr., submitted by Senator Harry F. Byrd, Jr.--

Prepared statements in regard to Lewis F. Powell, Jr., by:

Andrew P. Miller, attorney general of Virginia__

Robert E. R. Huntley, president, Washington and Lee University.

Carlisle H. Humelsine, president Colonial Williamsburg Foundation..

A. E. Dick Howard, professor of law, University of Virginia Law

School_

111

114

115

J. Edward Lumbard, former chief judge of the Second Circuit Court

of Appeals-----

123

Joseph D. Tydings, former U.S. Senator_-_

125

Armisted L. Boothe, former Virginia State senator..

126

Orison S. Marden, former president of the American Bar Association_

Bernard G. Segal, former president of the American Bar Association-

Hicks Epton, president, American Trial Lawyers--

126

128

132

Maynard J. Toll, former president, National Legal Aid and Defenders

Association_

133

134

135

136

137

Phil C. Neal, dean, University of Chicago Law School.
Geoffrey C. Hazard, professor of law, Yale University Law School...
Monrad G. Paulson, dean, University of Virginia Law School -
Letter, dated November 2, 1971, submitted by Senator John L. McClellan,
from Edward L. Wright, past president of the American Bar Association.

Statement, submitted by Senator Hugh Scott, in regard to wiretapping, by

Robert F. Kennedy, Attorney General of the United States___

Article, submitted by Senator Hugh Scott, “Attorney General's opinion on

wire-tapping" by Robert F. Kennedy.

Resolution of the Southwest Area Conference NAACP branches in regard

to William H. Rehnquist

Statement of John Bingham Hurlbut in regard to William H. Rehnquist__

Statement of Martin F. Richman in regard to William H. Rehnquist.........

Statement of Howard Karman in regard to William H. Rehnquist...

MONDAY, NOVEMBER 8, 1971

Article, "Civil Liberties Repression: Fact or Fiction?-'Law-abiding citi-

zens have nothing to fear'," by Lewis F. Powell, Jr., from the Richmond

Times-Dispatch, August 1, 1971-..

145

150

183

197

198

198

213

Letter, submitted by Senator John L. McClellan, dated November 1, 1971,

from Courtney C. Crouch in regard to Lewis F. Powell, Jr..

235

Material submitted from Senator John L. McClellan:

"The Challenge of Crime in a Free Society," additional views of Messrs.

Jaworski, Malone, Powell, and Storey.

"Organized and Electronic Survelliance-in Virginia?”.

Memorandum, dated November 3, 1971, to Senator John L. McClellan,

from G. Robert Blakey, chief counsel, Subcommittee on Criminal

Laws and Procedures in regard to wiretapping-

Page

238

244

249

Excerpt from Congressional Record, May 23, 1968, on 18 U.S.C.
2511(c).

252

White House memorandum, dated May 21, 1940, for the Attorney

General ---

254

Letter, dated July 17, 1946, from the Attorney General to the

President___

255

White House memorandum, dated June 30, 1965, for the heads of

executive departments and agencies..

Address by Lewis F. Powell, Jr., June 26, 1965, "State of Criminal Justice".

Letter, dated November 3, 1971, from Jean Camper Cahn, director, Urban

Law Institute of Antioch College in regard to Lewis F. Powell, Jr.

Letter, dated November 10, 1971, from William H. Rehnquist to James O.

Eastland in regard to (1) capital punishment, and (2) list of former

clients___

Letter, dated November 3, 1971, from Moses Campell___.

Excerpt from Senate hearings on civil rights, 1957.

Article "A note on senatorial consideration of Supreme Court nominees,'

by Charles L. Black, Jr., Yale Law Journal..

Statement by William H. Rehnquist, June 15, 1964, at the public hearings

on the public accommodation ordinance proposed for the city of Phoenix.

Letter by William H. Rehnquist to the editor of the Arizona Republic,

"Public accommodations law passages is called 'mistake'," June 1964--

Letter by William H. Rehnquist to the Arizona Republic, "De Facto'

schools seen serving well" 1967--

307

309

Affidavit, dated November 4, 1971, from Cloves Campell__

320

Letter, dated November 9, 1971, to Senator Roman L. Hruska from

George H. Boldt..

326

Affidavit, dated November 9, 1971, by William H. Rehnquist in regard to

the John Birch Society-

328

Letter, dated November 4, 1971, from Senator Birch Bayh to Attorney

General John Mitchell in regard to "lawyer-client privilege"

332

Letter, dated November 5, 1971, from Attorney General John Mitchell to

Senator Birch Bayh....

333

Prepared statement by the Honorable John Conyers, Jr., Member of

Congress, on behalf of himself and members of the Congressional Black

Caucus in regard to William H. Rehnquist_---

352

Decision, Bradley v. School Board of City of Richmond, Va., 1963

363

Report of the Virginia Commission on Public Education (Gray Com-

mission), November 11, 1955__

373

Prepared statement by the Honorable John Conyers, Jr., Member of

Congress, on behalf of himself and members of the Congressional Black

Caucus in regard to Lewis F. Powell, Jr..

380

Statement of the Old Dominion Bar Association of Virginia, dated

November 8, 1971 in regard to Lewis F. Powell, Jr...

386

Supplement to the statement of the Old Dominion Bar Association dated

November 9, 1971_.

388

Table, law firms compensated at State expense for defending school board

in Virginia, 1958, 1959, 1960, and 1961--

396

WEDNESDAY, NOVEMBER 10, 1971

Prepared statement by Gary Orfield, assistant professor of politics and

public affairs, Princeton University-

442

APPENDIX

Additional questions addressed to William H. Rehnquist and answers____

483