UNITED STATES OF AMERICA Q:ongrcssional1Rc(ord st PROCEEDINGS AND DEBATES OF THE 9 I CONGRESS SECOND SESSION VOLUME 116-PART 8 APRIL 1, 1970. TO APRIL 10, 1970 (PAGES 9923 TO 11270) UNITED STATES GOVERNMENT PRINTING OFFICE, WASHINGTON, 1970 9960 CONGRESSIONAL RECORD -SENATE crumb from the opposition Is hard to explain service on the highest court In the land (lack self to these issues. I ask unanimous con­ to the publlc. of judicial experience or close identification in RECORD. It could be that the organized forces op­ with special interests), all were routinely sent that it be printed the posing Judge Carswell are more alert to press approved. There being no objection the editorial agentry than the loose coalition in the sen­ And now here comes Goldberg to say that was ordered to be printed in the RECORD, Rte that is supporting him. JUdge Carswell is "not fit." as follows: The press agent offers fresh news, while We wondered what our reaction had been FAILURES OF ECONOMIC POLICY the Record brings It stale to the attention to Goldberg's own nomination, and checked of news gatherers upon whom there Is great The cost of living index took another big the files. jump last month. Nationally, consumer prices pressure to start every day off new with the "The obvious thing to say of President abundance of news you know Is going to de­ were rising at an annual rate of 6.3 per cent; Kennedy's appointment of Arthur J. Gold­ in New York City the cllmb was at a 9.6 per velop that day. berg to the Supreme Court Is that here is cent rate. That, really, could be a better explanation another case of political reward," The Bir­ mingham News said editorially on August 30, Assertions by spokesmen for the Nixon Ad­ than the common assumption that cur ministration that inflation is slowing still Washington reporters are just naturally more 1962. "Mr. Goldberg has no previous jUdicial experience. He Is known exclusively as an sound more like political propaganda than anxious to report something bad about a fact. A few days ago House Republican Lead­ man-especially If he Is a conservative, than attorney dealing with labor union matters. "Yet if this yardstick is to be the major er Gerald R. Ford emerged from a White something complimentary. But it Isn't a very House meeting with the cheery declaration good explanation, at that. criterion in measuring capacities of promise of judges, one could conclude only that the that inflation had been "defeated" and that American Judicial system is rife with incom­ the chances of a recession were "nil." The [From the Birmingham News, Mar. 26, 1970] only real enlightenment provide by the Ford GOLDBERG AND CARSWELL petency. The opposite is the case ... "Presidents, of either party, do name on statement Is that the Nixon Administration We hadn't Intended commenting again so basis of politics. But they also have shown has decided that the political dangers of re­ soon on the Carswell nomination. He will or a considerable feeling for what lies within cession are greater than those of Inflation. won't be confirmed by the Senate for reasons a man. There are exceptions, but agree or President Nixon made that even clearer in haVing llttle to do with his quallfications, disagree with Judicial histories or opinions, his recent news conference. and there is not much anyone can say which the overwhelming majority of Supreme Court In this election year, the Republicans have is going to have much Infiuence with the justices have been men who served well, decided to attack a potential recession be­ so-called "liberals"-who are anything but­ thoughtfully, and contributed to creation of fore there Is any evidence that inflation has who have decided that the President of the a spirit of justice." been checked. Less than two months after United States has no right to appoint a con­ It seems to us that President Richard Nixon the President vetoed the Health, Education servative, strict constructionist judge to the is entitled to the same presumption of good and Welfare bill on grounds that it would In­ court. faith and careful consideration of qualifica­ crease oUtlays by $1.5 billion, the Nixon Ad­ We hadn't, as we said, Intended to com­ tions of Supreme Court nominees that Presi­ ministration has released an extra $1.5 billion ment again-but It Is impossible to let pass dent John F. Kennedy was entitled to (and in construction funds. More importantly, the wIthout note the judgment by former Su­ got). It seems to us that G. Harrold Cars­ President and his key aides have been step­ preme Court Justice Arthur Goldberg that well (and Clement Haynsworth before him) ping up their insistence that the Federal Carswell Is "not fit" to serve on the high is entitled to the same benefit of the doubt Reserve increase the money supply, and court. that Whizzer Wllite, Abe Fortas, Thurgood Chairman Arthur F. Burns has indicated This Is Arthur Goldberg, whose nomination Marshall and-yes-Arthur Goldberg got. that the Fed is already doing that. to the Supreme Court by President John The anti-Carswell (really, anti-Nixon or It begins to appear thlllt those skeptics, Kennedy was confirmed by the U.S. Sen­ anti-strict contructionist) forces' desperate especially in the business world, who refused ate-Including many of the same men who effort to block him not only smears a man to believe that the Administration would now oppose Carswell-Without a dissenting Who, If confirmed, Inevitably will carry with carry its anti-inflation campaign to the point vote, despite the fact that Goldberg had not him to the high court some of the stain of causing a significant downturn, were right. had one day of judicial experience and de­ dOUbt, not only cheapens and further erodes If that were all there is to economic policy, spite the fact that his whole career had been pUbllc confidence In one of the basic founda­ much could be said for such an approach; devoted to serving as lawyer for a special In­ tion stones of our system of government­ unemployment may well be more costly than terest-organlzed labor, specifically the it is directly opposite to the treatment Which inflation, economically as well as politically. United Steel Workers and the AFL-CIO. "liberal" nominees of at least equally ques­ But the problem of policy cannot validly be (These are the same senators who accused tionable quallfication received. put in such simplistic terms. Judge J. Clement Haynsworth of "contllct of Has Goldberg forgotten? Have the senators The Nixon Administration does indeed interest.") Who voted to confirm him forgotten? Or has seem to regard inflation and recession as two Many of these sanle senators, it might be their sense of fair play been blunted by pet­ ends of a seesaw. and It strives va.1nly to find added, were In the Senate when the other tiness and "llberal" dogmatism? the right balance. But the essential job which of President Kennedy's Supreme Court nomi­ the Administration refuses to face up to Is nees, Byron "Whizzer" White, was con­ the necessity of imprOVing the trade-oli be­ firmed-again, without a dissenting vote. INFLATION tween infiation and recession-that is, im­ Like Goldberg, White, then an assistant to prOVing the underlying structure of the Attorney General Robert Kennedy in the Mr. MONDALE. Mr. President, I have American economy. Justice Department, had not a single day of become increasingly alanned by the The President backs oli from taking even Judicial experience. boasts of the current administration that those first steps to Improve the economic Even more of the senators who opposed the battle against inflation has been won structure urged by his own top economic Haynsworth and now oppose Carswell had and that the possibilities of a recession advisers. A prime case is Mr. Nixon's rejection come to the Senate by the time President are nonexistent. Surely the facts indi­ of the report of his own task force on oil im­ Lyndon Johnson made his first appointment port quotas, which showed that 011 quotas to the Supreme Court-Abe Fortas. Like cate that such optimism is not war­ are costing consumers $5 billion a year. Not Goldberg and White, Fortas had a reputation ranted. Last month the cost of living in­ only was this report thrust aside, but the as a lawyer, but had no judicial experience dex took another leap--consumer prices White House has now moved to restrict by whatsoever. He was better known as a polIt­ are rising at an annual rate of 6.3 per­ law the flow of crude 011 from Canada,a move Ical associate of the President. Like the other cent. that flagrantly disregards the national se­ two, Fortas was confirmed by voice vote, with This disturbing disparity between cUrity basis for any import quotas, which is no dissenting vote recorded. hopeful claims and stark reality lends their only legal justification. President Johnson's second appointee, greater urgency to the need to funda­ Other recent examples of the Nixon Admin­ Thurgood Marshall was serving on the fed­ mentally reevaluate present economic istration's tendency to aggravate rather than eral bench at the time of his appointment, attack structural problems can be found in so It cannot be said that he had no judicial policy. It is time we realized that a satis­ its expanded program of subsidies and tax experience. But before his appointment to factory answer to the problem of infla­ breaks for the merchant marine and its sup­ the bench (and preViously to the post of tion does not, and cannot, require more port for protectionism against competition U.S.