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Secondly, when Judges Haynsworth and Carswell were defeated, I
pledged to the country that I would name a man of the South to the Supreme
Court. You know, today, for the first me in 100 years, there is no
Southerner on the High Bench; and as SO many of those decisions affect
that region of this nation -- I shall take this opportunity to carry out that
pledge.
Other than that I can say no more.
NOTE TO RN: Strategically, it seems essential that RN commit at this
time to two "strict constructionists, 11 although I would shy from that
specific term this time. A) Only when will there be, not a Warren Court,
not a Burger Court -- but a Nixon Court for the next decade, possibly two.
Secondly, with Black and Harlan retireing, one liberal and one conservative --
unless RN commite to two strict constructionists then no change is made
whatsoever with these two appointments.
Third, Marshall is ill. If he should step down the President would be
enormously pressured to name another black; or if he has not named a
woman by then, a woman -- and at that point, RN could probably move
Brooke onto the Court for a net gain of three since he took office. If,
however, we "balance" the ticket now -- then the replacement for Marshall
will leave RN with a net gain of one since he took office -- and minus one
since today.
Fourth, seems to me that the best way to head off the inevitable pressures
for a Jewish appointee, or a liberal, from the national media -- is to
make it known the President is carrying out his commitment; and then moving
rapidly to send both up to the Senate, in time for October session.
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"ocrText": "-2-\nSecondly, when Judges Haynsworth and Carswell were defeated, I\npledged to the country that I would name a man of the South to the Supreme\nCourt. You know, today, for the first me in 100 years, there is no\nSoutherner on the High Bench; and as SO many of those decisions affect\nthat region of this nation -- I shall take this opportunity to carry out that\npledge.\nOther than that I can say no more.\nNOTE TO RN: Strategically, it seems essential that RN commit at this\ntime to two \"strict constructionists, 11 although I would shy from that\nspecific term this time. A) Only when will there be, not a Warren Court,\nnot a Burger Court -- but a Nixon Court for the next decade, possibly two.\nSecondly, with Black and Harlan retireing, one liberal and one conservative --\nunless RN commite to two strict constructionists then no change is made\nwhatsoever with these two appointments.\nThird, Marshall is ill. If he should step down the President would be\nenormously pressured to name another black; or if he has not named a\nwoman by then, a woman -- and at that point, RN could probably move\nBrooke onto the Court for a net gain of three since he took office. If,\nhowever, we \"balance\" the ticket now -- then the replacement for Marshall\nwill leave RN with a net gain of one since he took office -- and minus one\nsince today.\nFourth, seems to me that the best way to head off the inevitable pressures\nfor a Jewish appointee, or a liberal, from the national media -- is to\nmake it known the President is carrying out his commitment; and then moving\nrapidly to send both up to the Senate, in time for October session."
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