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7. J 89/a:B 91

NOMINATION OF WARREN E. BURGER

HEARING

BEFORE THE

COMMITTEE ON THE JUDICIARY
☺ UNITED STATES SENATE

NINETY-FIRST CONGRESS

FIRST SESSION

ON
NOMINATION OF WARREN E. BURGER, OF VIRGINIA, TO BE

CHIEF JUSTICE OF THE UNITED STATES

TUESDAY, JUNE 3, 1969

Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 1969

30-058

STANFORD LAW LIBRARY

COMMITTEE ON THE JUDICIARY

JAMES 0. EASTLAND, Mississippi, Chairman JOHN L. MCCLELLAN, Arkansas

EVERETT MCKINLEY DIRKSEN, Illinois SAM J. ERVIN, JR., North Carolina

ROMAN L. HRUSKA, Nebraska THOMAS J. DODD, Connecticut

HIRAM L. FONG, Hawaii PHILIP A. HART, Michigan

HUGH SCOTT, Pennsylvania EDWARD M. KENNEDY, Massachusetts STROM THURMOND, South Carolina BIRCH BAYH, Indiana

MARLOW W. COOK, Kentucky QUENTIN N. BURDICK, North Dakota CHARLES McC. MATHIAS, JR., Maryland JOSEPH D. TYDINGS, Maryland ROBERT C. BYRD, West Virginia

(II)

CONTENTS

Page

Hon. Harry F. Byrd, Jr., U.S. Senator from Virginia---
Hon. William B. Spong, Jr., U.S. Senator from Virginia --
Hon. Warren E. Burger, nominee to be Chief Justice of the United States.

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NOMINATION OF WARREN E. BURGER

TUESDAY, JUNE 3, 1969

U.S. SENATE,
COMMITTEE ON THE JUDICIARY,

Washington, D.C. The committee met, pursuant to call, at 10:35 a.m., in room 2228, New Senate Office Building, Senator James O. Eastland (chairman) presiding.

Present: Senators Eastland, McClellan, Ervin, Dodd, Kennedy, Bayh, Tydings, Byrd of West Virginia, Dirksen, Hruska, Thurmond, Cook, and Mathias.

Also present: John H. Holloman, chief counsel; Francis C. Rosenberger, Peter M. Stockett, and Margaret Corcoran of the committee staff.

The CHAIRMAN. The hearing this morning has been scheduled for the purpose of considering the nomination of Warren E. Burger to be Chief Justice of the United States. Notice of the hearing was published in the Congressional Record on May 26, 1969. The Standing Committee on Federal Judiciary of the American Bar Association states that the committee is of the view that Judge Burger is highly acceptable from the viewpoint of professional qualifications.

(The letter is as follows:)

AMERICAN BAR ASSOCIATION,

New York, N.Y., June 2, 1969. Re Hon. Warren E. Burger, St. Paul, Minn. Hon. JAMES 0. EASTLAND, Chairman, U.S. Senate Judiciary Committee, New Senate Office Building, Washington, D.C.

DEAR SENATOR EASTLAND: Thank you for your telegram affording this Committee an opportunity to express an opinion or recommendation pertaining to the nomination of the Honorable Warren E. Burger of St. Paul, Minnesota, for appointment as Chief Justice of the United States.

The members of our Committee are unanimously of the opinion that Judge Burger is highly acceptable from the viewpoint of professional qualifications for this appointment. With best wishes, Sincerely yours,

CLOYD LAPORTE, Acting Chairman. Now, these gentlemen are here to testify, we cannot take all of them, but I am going to read their names into the record :

Hon. Cody Fowler, of Florida, past president, American Bar Association; Rosser L. Malone, of New Mexico, past president of the American Bar Association; David F. Maxwell, of Pennsylvania, past president of the American Bar Association; Lewis F. Powell, Jr., of Virginia, past president of the American Bar Association; Whitney North

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