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Controversial Nominations, 1969-1972Document Outline Nominations are appointments to federal office by the President which are subject to confirmation by the Senate. Officials appointed in this manner include those in the Executive Branch at the Cabinet and sub-Cabinet levels, federal judges, ambassadors, and members of federal regulatory agencies. Most of the thousands of nominations sent to the Senate each year are those of military officers, whose promotions must be confirmed. Confirmation of postmasters was ended in 1970. While most nominations win quick Senate approval, some are controversial and become the subject of Senate hearings and debate. Even the controversial nominations are almost always confirmed. However, in 1969 and 1970 the Senate rejected President Nixon's nominations of Clement F. Haynsworth Jr. and G. Harrold Carswell to the Supreme Court, the first rejection of two Supreme Court nominees since 1894. Who Is Controversial?Objections to a nominee can be raised for various reasons:
Below are brief accounts of the major controversial nominations from 1969 to 1972. 1969Clement F. Haynsworth Jr. The most controversial of President Nixon's nominations for 1969 was that of federal judge Haynsworth to be an Associate Justice of the Supreme Court. The nomination was rejected by the Senate Nov. 21 by a key 45-55 roll-call vote, giving President Nixon his first major congressional defeat of the session. He became the first Supreme Court nominee to be formally rejected since 1930. Haynsworth, chief judge of the 4th Circuit Court of Appeals, was named by President Nixon Aug. 18 to fill the seat left vacant by Abe Fortas, who had resigned May 14 under threat of impeachment. (Fortas resignation, Congress and the Nation Vol. II, p. 337) The controversy over judicial ethics ignited by Fortas' resignation under fire for accepting an outside fee from the family foundation of a convicted stock manipulator was rekindled by opposition to Haynsworth's nomination. Opponents of the nomination said they did not question Haynsworth's honesty, but questioned his sensitivity to the appearance of ethical impropriety and his judgment regarding participation in cases where his financial interests could be said to be involved. The nomination also was opposed by labor and civil rights leaders. (Details, chapter on Supreme Court) Walter J. Hickel The Senate Jan. 20, 1969, confirmed by voice vote all except one of President Nixon's initial Cabinet nominations— that of Hickel to be secretary of the interior. On the motion of Edward M. Kennedy (D Mass.), the Senate deferred action on Hickel for one day. The Hickel nomination became controversial after conservation groups questioned his dedication to environmental protection and others criticized his ties with oil companies. He had said at a December 1968 news conference that he opposed “conservation for conservation's sake” and that high national standards for clean water “might hinder industrial development.” Hickel was criticized for his opposition as governor of Alaska to plans to create a foreign-trade subzone for oil at Machiasport, Maine, that would result in cheaper fuel oil for New England. Another complaint was over his opposition, as governor, to an Interior Department freeze on Alaskan public lands until Congress settled pending claims to the land by native Alaskans. At four days of hearings (Jan. 15-18) by the Senate Interior and Insular Affairs Committee, Hickel also was questioned about his having tried to prevent an Eskimo cooperative from selling fish to the Japanese. The Japanese would have paid higher prices than the Eskimos were receiving locally. Hickel promised the committee he would sell about $1-million worth of gas pipelines stock. Many senators who expressed doubts as to Hickel's qualifications said they nevertheless would vote for him because it was customary to let the President select his first Cabinet members. Hickel was supported by Democrat Ernest Gruening, former Alaska governor (1939-53) and U.S. senator (1959-69). The Senate confirmed Hickel's nomination Jan. 23 by a 73-16 roll-call vote. He received unanimous Republican support. Hickel was dismissed Nov. 25, 1970. The White House said the action was not related to any specific incident. However, Hickel became controversial in May 1970 shortly after U.S. troops invaded Cambodia. He wrote President Nixon suggesting the administration tone down the rhetoric of Vice President Agnew and show greater concern for the attitudes of young people. His letter to the President was released to the press. David Packard The nomination of Packard, chief executive officer of the Hewlett-Packard Co., a defense contractor, to be deputy secretary of defense raised questions of conflict of interest because of Hewlett-Packard's role in the defense industry. Packard owned $300-million worth of stock in the company and claimed that the sale of such a large amount of stock would not be practical. He agreed to place his stock in a charitable trust, and the Senate confirmed his nomination Jan. 23 by a roll-call vote of 82 to 1. William H. Brown III The Senate May 5 confirmed Brown as a member of the Equal Employment Opportunity Commission. Nixon May 6 named Brown chairman, replacing Clifford L. Alexander Jr. Brown, a Republican, had been named to the EEOC by President Johnson in October 1968 but had not been confirmed when the Nixon administration took office. President Nixon resubmitted Brown's name to the Senate March 13. Brown's nomination met no resistance in the Senate until it was announced that he would probably replace Alexander as chairman. Senate Minority Leader Everett M. Dirksen (Ill.) threatened to block confirmation and on May 1 forced postponement of Senate floor action on the nomination. Brown was supported by a coalition of Democrats and Republicans led by Minority Whip Hugh Scott (Pa.). Dirksen dropped his objection to the nomination on May 5, and Brown was confirmed as a member by voice vote. At a Senate Judiciary subcommittee hearing March 27, called by Sen. Edward M. Kennedy (D Mass.) to examine the equal employment policies of the administration, Dirksen charged Alexander with harassment of government contractors in enforcing equal employment regulations. Dirksen told Alexander he would “go to the highest authority in the government to get somebody fired” if what he called “punitive harassment” by EEOC did not stop. The next day White House Press Secretary Ronald Ziegler announced that Alexander would be replaced as EEOC chairman, but Ziegler denied that the decision had been influenced by Dirksen. Alexander announced April 9 that he was resigning as chairman May 1 but would serve out the rest of his five-year board term, which was to expire July 1, 1972. (Alexander Aug. 14 resigned as a member of the EEOC). President Nixon then announced his intention to name Brown to replace Alexander as chairman. James E. Allen Nixon's appointment of Allen, New York state education commissioner, to head the Office of Education in the Department of Health, Education and Welfare met opposition, led by Sen. Strom Thurmond (R S.C.), who objected to Allen's policy of busing children to achieve racial balance in New York schools. In a speech on the Senate floor May 5, Thurmond, who led the 1968 presidential campaign for Nixon in the South, said Allen's views on school integration “conflict with those of President Nixon enunciated during the campaign.” Nixon had opposed busing in a campaign speech, saying the practice hurt children rather than helped them. Sen. James O. Eastland (D Miss.), during the debate on Allen's confirmation, said approval of the nomination would cause a “national calamity” in the public schools. Allen's supporters, led by Sens. Edward M. Kennedy (D Mass.) and Jacob K. Javits (R N.Y.), contended that the appointee's extensive background in education qualified him for the post. Kennedy said Allen was simply carrying out New York state policy when he approved the busing plans. During the April 15 hearing on his nomination, Allen testified that he intended to abide by the federal statute which prohibits busing for the purpose of overcoming racial imbalance. Allen was confirmed May 5 by a 55-15 roll-call vote. HEW Secretary Robert H. Finch asked for and received Allen's resignation on June 10, 1970. Allen had criticized the administration for its positions on education policy and school desegregation, as well as the President's decision to invade Cambodia. Allen was replaced by Dr. Sidney P. Marland Jr., president of the Institute for Educational Development, who received Senate confirmation Dec. 10 by voice vote. John Knowles Secretary of Health, Education and Welfare Robert Finch met opposition from Sen. Everett M. Dirksen (R Ill.) and elements of the American Medical Association (AMA) when he announced his intention to nominate Dr. John Knowles as assistant secretary for health and scientific affairs. Knowles, director of the Massachusetts General Hospital in Boston, was opposed because of his views on public medicine. Dirksen said at a news conference April 22 that he had told Finch he would prevent confirmation if Knowles' nomination was sent to the Senate. The nomination was not submitted. President Nixon nominated Dr. Roger O. Egeberg to the post; he was confirmed July 11. Knowles credited “certain political debts” of President Nixon for his failure to be nominated. The AMA's political arm contributed heavily in 1968 to many congressional candidates, most of them Republicans. The Knowles controversy produced strong criticism from several members of the Senate, who charged that the administration had improperly bowed to outside pressure against Knowles. Sen. Edward W. Brooke (R Mass.) called the rejection of Knowles “a calamity for the country and an abuse of political power.” Sen. Edward M. Kennedy (D Mass.) charged that people in high places in public life and organized medicine “conspired” to defeat the nomination. Sen. Charles E. Goodell (R N.Y.) said the post was filled on the basis of politics and not merit. Otto F. Otepka President Nixon March 19 appointed Otepka, former State Department security evaluator, to the Subversive Activities Control Board (SACB). Otepka had been demoted by Secretary of State Dean Rusk in 1966 for giving classified department documents to the Senate Judiciary Internal Security Subcommittee during hearings by the subcommittee on State Department security. Otepka's nomination to the SACB was criticized by some Democrats in Congress but was supported by Sens. Everett M. Dirksen (R Ill.) and Strom Thurmond (R S.C.). On June 24, the nomination was confirmed by the Senate by a 61-28 roll-call vote. (For background on Otepka case, see Congress and the Nation Vol. I, p. 1771) 1970G. Harrold Carswell The most controversial of President Nixon's nominations for 1970 was that of Federal Judge G. Harrold Carswell to be an Associate Justice of the Supreme Court. The nomination was rejected by the Senate April 8 by a key 45-51 roll-call vote. The Senate's rejection of Carswell came two and a half months after President Nixon on Jan. 19 selected him to fill the seat left vacant by the May 14, 1969, resignation of Justice Abe Fortas. The Senate Nov. 21, 1969, had rejected Mr. Nixon's first nominee for the vacancy— Clement F. Haynsworth Jr. of South Carolina. (Haynsworth defeat, p. 97a) Not since 1894, during the second Cleveland administration, had a President had two Supreme Court nominees rejected outright by the Senate. Carswell was the 24th man denied confirmation to a seat on the Court. Criticism— from his legal colleagues— of Carswell's ability and competence as a lawyer and a judge may have been the most important factor in the rejection of the nomination. Opposition to Carswell developed slowly after his nomination Jan. 19. After the bitter confirmation battle which ended in rejection of the Haynsworth nomination, few senators desired another fight. But charges that Carswell was hostile to civil rights and intellectually unqualified for the high court moved a succession of senators to oppose his nomination. (Details, chapter on Supreme Court) 1971Lewis F. Powell Jr The Senate confirmed Powell Dec. 6 as an Associate Justice of the Supreme Court. He filled the seat left vacant by the late Justice Hugo L. Black. The only Democrat of the Nixon Court nominees, Powell was the first Justice from Virginia since 1841. The only possible problem in confirmation of Powell appeared to be the question of the manner in which he would deal with his investments while he sat on the court. Data provided to the Senate Judiciary Committee showed that Powell, his wife and son held stocks and other investments worth about $1.5-million. Powell had said earlier that he would make any arrangement necessary to insulate himself from holdings which might create conflicts of interest. The committee found Powell “thoroughly qualified” and after three days of favorable discussion, the Senate confirmed him by a vote of 89 to 1. (Details, chapter on Supreme Court) William H. Rehnquist The fourth Supreme Court justice nominated by President Nixon to be confirmed to the Supreme Court, Rehnquist at 47, was also the youngest justice on the court. Since 1969, he had served as assistant attorney general, Office of Legal Counsel, and had testified frequently before Congress on behalf of the administration. Initial congressional reaction to the nomination was almost uniformly favorable or guarded— with no immediate expressions of opposition. However, on Oct. 23 the Arizona NAACP announced opposition to the confirmation because of Rehnquist's “right-wing” stands and opposition to 1968 Arizona civil rights legislation. Roy Wilkins, executive director of the NAACP, said Oct. 31 that Rehnquist's philosophy was dangerous for black citizens. The Americans for Democratic Action announced Oct. 29 their opposition to the nomination because of a lack of proper respect for minority aspirations or devotion to the Bill of Rights. The Senate Judiciary Committee held hearings Nov. 3, 4, 8, 9 and 10 and on Nov. 23 voted 12 to 4 to report the Rehnquist nomination. As floor debate began Dec. 6, Sen. Birch Bayh (D Ind.) cited a memorandum said to have been written by Rehnquist in 1953 in opposition to arguments that the Supreme Court should outlaw school segregation. Bayh said Rehnquist was “far to the right of Richard Nixon.” Rehnquist said in a Dec. 7 letter that he did write the memorandum but that it was a statement of Supreme Court Justice Robert H. Jackson's tentative views, not his own. (He was Jackson's law clerk in 1953, a year before the court ruled against segregated education.) On Dec. 10 a cloture vote to cut off debate failed 54 to 42 and later that day his nomination was confirmed by a key 68-26 roll-call vote. (Details, chapter on Supreme Court) John B. Connally On Feb. 8, the Senate by voice vote confirmed the nomination of Connally, 53, to be secretary of the treasury. Connally, a Democrat, had served for three terms as governor of Texas (1962-1968) and as secretary of the Navy during the first year (1961-1962) of the Kennedy administration. He had long and varied experience in law and business, particularly in the oil and gas industries, but limited background in banking and finance. During Senate Finance Committee consideration of Connally's nomination, a major point of controversy involved acceptance of $750,000 in fees over a 10-year period for services rendered as co-executor of the $105-million estate of oilman Sid W. Richardson. During part of the period Connally was being paid the fees, he was governor of Texas. Texas law prohibits the governor from receiving any “salary, reward or compensation or the promise thereof” from any service rendered or performed during his tenure in office. Appearing before the committee Connally said there was nothing improper about receiving fees for work he had done “years ago.” The committee voted 13 to 0 to approve his nomination. Earl L. Butz President Nixon nominated Butz Nov. 11 to replace Clifford M. Hardin as secretary of agriculture. Butz had served as assistant secretary of agriculture for marketing and foreign affairs from 1954-57 under Secretary Ezra Taft Benson. Butz's nomination encountered stiff Senate opposition from both farmbelt Republicans and liberal Democrats. His opponents accused him of maintaining too close ties with corporate farming or “agribusiness,” and of favoring the interests of large agricultural corporations over those of the family farmer. Critics noted that Butz was a director of four corporate food-producing chains, that he had expressed opposition to expanded government aid to small farmers, and that he had been an assistant to Benson, who was unpopular with midwestern farmers because of his “adapt or die” attitude toward small farmers. The Senate Agriculture Committee voted 8-6 to report the nomination favorably to the Senate. The Senate confirmed the nomination Dec. 2 by a 51-44 vote. 1972Richard G. Kleindienst Republicans appeared to have defused a potentially explosive political issue when the Senate June 8, by a key 64-19 roll-call vote, confirmed the nomination of Richard G. Kleindienst as attorney general of the United States. Approval of President Nixon's nominee capped a struggle that lasted almost four months and included what were described as “the longest confirmation hearings” in the history of the Senate. Over Republican protests, Democratic senators prolonged the hearings in an attempt to substantiate corruption charges— first aired by syndicated columnist Jack Anderson— relating to a controversial 1971 antitrust settlement. But the hearings, marked by contradictory and inconsistent testimony, brought little clarification, and the committee voted unanimously on June 27 to refer the hearing record to the Justice Department to determine whether any witness had committed perjury. Kleindienst was nominated by President Nixon Feb. 15. After two days of hearings, the Judiciary Committee reported the nomination Feb. 29 by a 13-0 vote. At Kleindienst's request, hearings were reopened March 2 after columnist Jack Anderson charged March 1 the nominee lied in disclaiming any role in the Justice Department's out-of-court settlement of antitrust cases against International Telephone and Telegraph Corp. (ITT). The Anderson column also charged John Mitchell, then the attorney general, with arranging the settlement in exchange for an ITT contribution to the 1972 Republican convention. After 22 days of hearings, the committee voted 11 to 4 on April 27 to reconfirm its prior recommendation of Kleindienst. The majority found the nominee innocent of illegal or improper action in the ITT settlement and found no connection between the settlement and the convention, originally scheduled to be held in San Diego. The convention ultimately was transferred to Miami. Kleindienst had been serving as acting attorney general since Mitchell's resignation March 1. He had been deputy attorney general since 1969. (Details, chapter on Crime)
Document Citation Controversial nominations, 1969-1972. (1973). In Congress and the nation, 69-72 (Vol. 3). Washington: CQ Press. Retrieved April 13, 2005, from CQ Electronic Library, CQ Congress Collection, http://library.cqpress.com/congress/catn69-0008169106. Document ID: catn69-0008169106. Document ID: catn69-0008169106 Document URL: http://library.cqpress.com/congress/catn69-0008169106
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