Sunday 28th May 2017

Home » Frontpage » Currently Reading:

Nixon, LBJ & The First Shots In The Judges’ War

April 14, 2017 Frontpage No Comments

By PATRICK J. BUCHANAN

The Democrats’ drive to defeat Neil Gorsuch was 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 Fourth 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.
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 lay the same malevolence that lynched Clement Haynsworth.

Share Button

2017 The Wanderer Printing Co.

Trump Is Pushed and Pulled on Climate Change, A Year After Pledging to Cancel Paris Deal

(CNSNews.com) – Exactly one year after pledging in a speech to “cancel” the Paris climate agreement, President Trump will attend a Group of Seven summit Friday in Sicily where he’s expected to come under sustained pressure from his counterparts to…Continue Reading

St. Louis archbishop resists law requiring Catholics to hire abortion activists: ‘We will not comply’

LOUIS, Missouri, May 24, 2017 (LifeSiteNews) — The Roman Catholic Archdiocese of St. Louis, led by the Most Reverend Robert J. Carlson, has drawn a line in the sand for the protection of innocent human life. In February, the city…Continue Reading

Planned Parenthood Closing Multiple Abortion Clinics in Iowa After State Defunds It

The abortion chain Planned Parenthood announced plans Thursday to close four Iowa clinics as a result of a new state law that defunds it. At the end of June, Planned Parenthood facilities in Burlington, Keokuk and Sioux City, Iowa will…Continue Reading

Graduates walk out on Pence at Notre Dame commencement

SOUTH BEND, Ind. (AP) — Dozens of graduates and family members silently stood and walked out Sunday as Vice President Mike Pence began his address at Notre Dame’s commencement ceremony. Pence, the former governor of Indiana, was invited to speak…Continue Reading

Trump nominates Callista Gingrich for ambassador to the Vatican

President Trump has nominated Callista Gingrich, the wife of former Speaker Newt Gingrich (R-Ga.), as ambassador to the Holy See, the White House announced Friday. The nomination comes just five days before Trump is set to meet with Pope Francis…Continue Reading

The murder case of Blessed Oscar Romero has been reopened

San Salvador, El Salvador, May 19, 2017 / 01:14 pm (CNA/EWTN News).- A nearly 40 year-old murder case was reopened this week to properly prosecute the suspected killer behind the Salvadorian archbishop’s martyrdom. Because of an amnesty law that prohibited…Continue Reading

Notre Dame Protest of Pence Twists Catholic Social Teaching

This Sunday, vice president Mike Pence will return to his home state of Indiana to deliver the commencement address at the University of Notre Dame. For the third time in several years, the school’s graduation ceremony will be plagued by…Continue Reading

Planned Parenthood is Ditching the Failed “Pro-Choice” Label. Here’s Why

The “pro-choice” label has not been working out so well for the abortion chain Planned Parenthood. The labels pro-choice and pro-life have been used for decades to help identify people’s positions on abortion, but young adults seem to be moving…Continue Reading

Bishop Conley: The Pro-Choice Political Dictatorship of Relativism

In 2005, Cardinal Joseph Ratzinger, who would soon be elected Pope Benedict XVI, preached that “we are building a dictatorship of relativism that does not recognize anything as definitive and whose ultimate goal consists solely of one’s own ego and…Continue Reading

These Republicans Voted Against the Bill to Defund the Planned Parenthood Abortion Biz

Republicans in the House of Representatives yesterday voted for a Reconciliation bill that would defund the Planned Parenthood abortion business. This was the second attempt to get enough votes on the reconciliation bill that would not only defund the nation’s…Continue Reading

Cecile Richards Comes Unglued After House Defunds Planned Parenthood: Republicans Hate Women

Planned Parenthood abortion business president Cecile Richards it’s not happy that the House of Representatives voted yesterday to defund Planned Parenthood. The main response of the CEO of the nation’s biggest abortion conglomerate can be summed up in three words:…Continue Reading

Despite pro-life provisions, healthcare bill raises serious concerns

Vatican City, May 4, 2017 / 05:27 pm (CNA/EWTN News).- The House passed a repeal of the Affordable Care Act and a replacement health care bill on Thursday, but one bishop warned that the new bill poses serious problems for…Continue Reading

Untitled 5 Untitled 2

Attention Readers:

  Welcome to our website. Readers who are familiar with The Wanderer know we have been providing Catholic news and orthodox commentary for 150 years in our weekly print edition.


  Our daily version offers only some of what we publish weekly in print. To take advantage of everything The Wanderer publishes, we encourage you to su
bscribe to our flagship weekly print edition, which is mailed every Friday or, if you want to view it in its entirety online, you can subscribe to the E-edition, which is a replica of the print edition.
 
  Our daily edition includes: a selection of material from recent issues of our print edition, news stories updated daily from renowned news sources, access to archives from The Wanderer from the past 10 years, available at a minimum charge (this will be expanded as time goes on). Also: regularly updated features where we go back in time and highlight various columns and news items covered in The Wanderer over the past 150 years. And: a comments section in which your remarks are encouraged, both good and bad, including suggestions.
 
  We encourage you to become a daily visitor to our site. If you appreciate our site, tell your friends. As Catholics we must band together to rediscover our faith and share it with the world if we are to effectively counter a society whose moral culture seems to have no boundaries and a government whose rapidly extending reach threatens to extinguish the rights of people of faith to practice their religion (witness the HHS mandate). Now more than ever, vehicles like The Wanderer are needed for clarification and guidance on the issues of the day.

Catholic, conservative, orthodox, and loyal to the Magisterium have been this journal’s hallmarks for five generations. God willing, our message will continue well into this century and beyond.

Joseph Matt
President, The Wanderer Printing Co.

Untitled 1

Enter Comments Below

This Weeks Comments And Letters . . .

Culture Of Life 101 . . . “An Introduction To The Problem Of Euthanasia”

By BRIAN CLOWES Part 2 (Editor’s Note: Brian Clowes has been director of research and training at Human Life International since 1995. For an electronic copy of chapter 23 of The Facts of Life, a 150-page treatise on all of the aspects of euthanasia, e-mail him at bclowes@hli.org.) + + + We have covered the definitions of the varieties of…Continue Reading

Today . . .

US bishop says Trump budget at odds with Catholic, American ideals

Louisville, Ky., May 26, 2017 / 05:22 pm (CNA/EWTN News).- The former head of the US bishops decried President Trump’s budget plan, claiming its cuts to social services conflict with both the Catholic faith and American principles. “Whether through Social Security, Medicaid, food stamps or foreign aid, our nation has recognized that our worth is judged by how we treat the most vulnerable among us,” Archbishop Joseph Kurtz of Louisville, Kentucky said in a May…Continue Reading

Cardinal Müller on Amoris Laetitia, Paul Ehrlich, Antonio Spadaro and the Three Dismissed Priests

muller

Yesterday, 25 May, the Catholic channel EWTN aired an interview of Raymond Arroyo’s The World Over which was conducted a week ago with Cardinal Gerhard Müller, the Prefect of the Congregation for the Doctrine of the Faith (CDF). In this interview – which was conducted in English – the German cardinal touches upon several important matters which are of interest to the larger Catholic world. When Raymond Arroyo asks Cardinal Müller about the post-synodal exhortation…Continue Reading

‘Comfortable’ Catholics are ‘unwilling’ to see dangers facing Church: Scholar

ROME, May 23, 2017 (LifeSiteNews) — Too many Catholics are caught up in a “comfortable” Catholicism that makes them unwilling, and even unable, to see the “grave problems” currently besetting the Church, said a renowned theologian and one of the world’s top Catholic experts on the Church Fathers. “Most Catholics seem to live their life on a sort of comfortable zone, just the way that a lot of bishops live in a sort of safety-first…Continue Reading

Catholic bishops denounce a Trump budget championed by Mulvaney – a lifelong Catholic

On the day that President Donald Trump met with Pope Francis in Rome, a top administration official defended a proposed budget that America’s Catholic bishops have strongly criticized for hurting the poor. The Trump administration official in the hot seat: budget chief Mick Mulvaney, a lifelong Catholic who grew up in Charlotte. Speaking Wednesday to the House Budget Committee, Mulvaney called Trump’s budget plan a “moral” document that puts “taxpayers first.” And he defended the…Continue Reading

Pope Francis Receives US President Donald J. Trump

Pope Francis received President of the United States of America, Donald Trump, today, May 24, 2017, at about 8:30 a.m. in the Apostolic Palace, before Francis’ weekly General Audience in St. Peter’s Square. The meeting was broadcasted by Vatican Television and can be watched via this link: https://www.youtube.com/watch?v=YVCm1-toVFg According to a statement released by the Holy See Press Office, the discussions, which lasted about 30 minutes, were cordial.

Serious Hitchcock Errors… Mean That Book Must Be Corrected

By DEXTER DUGGAN PHOENIX — I loved to read St. Louis, Mo., historian James Hitchcock’s opinion column some decades ago in the National Catholic Register, when I also wrote for that paper. I was pleased, of course, when he occasionally referred favorably to something I’d written. In his August 30, 1981, Register column, Hitchcock cited…Continue Reading

The Blessed Virgin And St. Joseph… A Marriage Truly Made In Heaven

By JAMES MONTI For several centuries there was on the liturgical calendars of several religious orders a feast day that few know of today — Desponsatio beatae Mariae Virginis — the Espousal of the Blessed Virgin Mary, a celebration of the marriage of Our Lady to St. Joseph. Although the Sacred Scriptures recount scarcely more…Continue Reading

A New Birth Control Commission?

By JOHN F. KIPPLEY (Editor’s Note: At this point, reports about a possible new birth control commission are unconfirmed. This commentary first appeared on http://nfpandmore.org/wordpress/.) + + + The week of May 13th started wonderfully with widespread efforts to honor the Blessed Virgin Mary as Our Lady of Fatima. The work week was quickly dimmed,…Continue Reading

Wanda Poltawska… The Stubborn Insistence On Being Human

By DONALD DeMARCO The city was Toledo, Ohio. The year was 1990. The venue was the dining room in a private home. The audience consisted of several pro-life people, including myself. The speaker was Wanda Poltawska who was relating a series of events in her life that we were most privileged to hear. In 1962,…Continue Reading

A Movie Review… “Outcasts” And True Social Justice

By REY FLORES “A bold example of social justice in action” — Follow the cameras of Grassroots Films, the Award-Winning producers of The Human Experience and Child 31, on an unexpected journey across the globe. Travel to the prisons of Central America, walk the dark city streets of London, New York, and Ireland’s most treacherous…Continue Reading

Advertisement

Our Catholic Faith (Section B of print edition)

Our Savior And Redeemer… The Redemption

By RAYMOND DE SOUZA, KM Part 9 In his book Crossing the Threshold of Hope, Pope John Paul II made a few interesting statements about Islam, which I quote in the following two paragraphs: “Whoever knows the Old and New Testaments, and then reads the Koran, clearly sees the process by which it completely reduces Divine Revelation. It is impossible…Continue Reading

Penance As A Laborious Kind Of Baptism

By DON FIER Sin, its dire consequences, and man’s continual need for conversion are realities that are often dismissed or even outrightly denied in modern secularized societies enamored, as they are, with materialistic pursuits. As noted last week, recent Roman Pontiffs, beginning with Pope Pius XII in 1946, cite as an underlying reason for this troubling phenomenon a “loss of…Continue Reading

Catholic Replies

Editor’s Note: In his parish bulletin recently, Fr. George Rutler of the Church of St. Michael in New York City recalled the famous words of the great jazz singer Al Jolson: “You ain’t heard nothing yet” and compared them with the words of Jesus: “I have yet many things to say to you, but you cannot bear them now” (John…Continue Reading

Discover God’s Gifts And His Will

By FR. ROBERT ALTIER Pentecost Sunday (YR A) Readings: Acts 2:1-11 1 Cor. 12:3b-7, 12-13 John 20:19-23 In the first reading today we hear about the Holy Spirit descending upon the apostles as they were gathered in prayer. The event was marked by some extraordinary phenomena: the noise like a driving wind filling the house and the tongues of fire.…Continue Reading

The Canonization Mass For Jacinta And Francisco . . . Pope Francis Says: “Dear Pilgrims, We Have A Mother”

(Editor’s Note: Pope Francis on May 13 canonized Jacinta and Francesco Marto, as the highlight of his May 12-13 Apostolic Pilgrimage to Fatima. Below is the Vatican translation of the Pope’s homily during the Mass, as provided by ZENIT News Agency. (It is followed by the text of Pietro Cardinal Parolin’s homily at the vigil. Earlier at the vigil, the…Continue Reading

Catholic Heroes… St. Peter Sanz And Companions

By CAROLE BRESLIN In 1748, the Viceroy of Peking with great frustration asked, “What are we to do with these men? Their lives are certainly irreproachable. . . . Their jailers and their families become their disciples and embrace their religion. To prolong this state is only to give them the opportunity of increasing the number of Christians.” Thus Peter…Continue Reading

Catholic Heroes… Pope St. Celestine V

By CAROLE BRESLIN After the death of Pope St. John Paul II, faithful Catholics rejoiced at the election of Joseph Cardinal Ratzinger as the next Vicar of Christ. The German prelate took the name of Benedict XVI for two reasons: in memory of Pope Benedict XV who led the Church during the turbulent times of World War I, seeking peace…Continue Reading