acquaint myself with his abilities as a lawyer and an advocate, his judicial temperament and his moral integrity. On the basis of my knowledge of this man, I feel compelled to urge the Senate Judiciary Committee to recommend to the Senate that the appointment of Warren E. Burger as Chief Justice of the United States be confirmed. Respectfully, JOHN H. GROSVENOR, Jr. WASHINGTON, D.C., June 4, 1969. Hon. JAMES O. EASTLAND, Washington, D.C. DEAR SENATOR EASTLAND: The members of the Federal Bar Association have followed with exceptional interest the selection process for a new Chief Justice of the United States Supreme Court and the eventual nomination of Judge Warren E. Burger. It is difficult to express fully the sentiments of a large and knowledgeable membership such as ours. I would like, therefore, to present my personal views as a bar official and as a career federal lawyer who has had the privilege to be associated with Judge Burger. Judge Burger has been a member of our Association since 1958. All of our members render services on a purely volunteer basis in furtherance of our organization's objective of enhancing and improving the federal law and achieving a better understanding of its scope, purpose and application. His membership coincided with the period in which I served in a variety of national offices including that of National President in 1963-1964 and Delegate to the American Bar Association in 1965-1966. We also served as fellow Directors of The Foundation of the Federal Bar Association. It was necessary in these posts for me to secure advice and counsel from Judge Burger on various matters which related to organized bar association activities and affairs. Judge Burger was always prepared to, and did, extend his services on a voluntary basis in the highest traditions of the bar. His advice was always distinctive for objectivity, clarity, soundness and the unique quality of resolving current problems in the light of effective and long range solutions. As a special assistant for litigation in the Defense Department, I had the responsibility of studying and applying legal guidance and opinions, from Judge Burger, first, while he served as an Assistant Attorney General, and later as a Judge of the Court of Appeals. As a lawyer with considerable experience in federal law, I would like to express my professional respect and admiration for the intellectual integrity of his opinions, their incisive and well reasoned logic, and the breadth and understanding of their legal philosophy. It is based upon these considerations, and a personal knowledge of his professional competence and dedication to the service of the law that I am pleased and honored to add my voice to those from other segments of the legal community who have such an absolute confidence in his qualifications. Sincerely yours, CONRAD D. PHILOS, Past National President, Federal Bar Association. ! GEORGETOWN UNIVERSITY LAW CENTER, Hon. JAMES O. EASTLAND, Chairman, Senate Committee on the Judiciary, DEAR SENATOR EASTLAND: I consider it a moral obligation as well as a great honor to write you in support of the confirmation of Chief Justice Designate Warren Earl Burger. I have known him since 1955 and have served with him as a member of two policy boards here at the Georgetown University Law Center. I refer to our Institute of Criminal Law and Procedure and our Institute for International and Foreign Trade Law. In my judgment, he is superbly qualified for the position of Chief Justice. He has demonstrated great balance, clarity of thought and creativity in the consideration of the many policy issues faced by our Research Institutes. Moreover, I have observed his work with the Judicial Conference, his years on the bench and his work on the A.B.A. Committee on Minimum Standards for the Administration of Criminal Justice. I have discussed legal education with him many times. I find him truly innovative. His thoughts on the professional responsibility of the legal profession are a prime example. I know I speak for my colleagues when I urge speedy confirmation. Very truly yours, PAUL R. DEAN, Dean. THE NATIONAL LAW CENTER, June 2, 1969. Hon. JAMES EASTLAND, Chairman, Judicial Committee, U.S. Senate, DEAR SENATOR EASTLAND: While I was in the Department of Justice from 1959 to 1961, I first met Warren Burger. Since I have been Dean of the National Law Center of the George Washington University, I have had many occasions to work with him on matters involving the organization of the Bar, Federal lawyers, and the improvement of our judicial system and of criminal law and justice. I am familiar with many of his judicial decisions. I have the highest regard for his integrity, his moderation, and his mastery of the law, particularly in the areas of administrative, criminal and constitutional problems. His judicial opinions are terse, forceful and accurate, reflecting unusual powers of analysis and reasoning, as well as thorough research. I believe that in every way he is exceptionally qualified to be Chief Justice of the Supreme Court of the United States. He has repeatedly demonstrated his fair mindedness and his ability and shown that he is zealous to protect the rights of both society and the individual, being mindful of the powers and limitations of government and of the Federal system. For all these reasons, I strongly urge and hope that his nomination by the President to be Chief Justice will be confirmed by the Senate. Sincerely, Hon. JAMES O. EASTLAND, ROBERT KRAMER, Dean. INDIANA UNIVERSITY, INDIANAPOLIS LAW SCHOOL, U.S. Senator, Senate Judiciary Committee, Senate Office Building, DEAR SENATOR EASTLAND: The President has nominated an outstanding Judge to be the Chief Justice of the United States, and I think the nomination is one of the very best ever made. I of course urge the confirmation of Judge Burger, and I hope that it will soon occur. I write to tell you this, and to say also that I would be happy to appear before the Committee and recommend that the nomination be confirmed, if you think my testimony may be of value to the Committee. With my best wishes, Very sincerely, WILLIAM F. HARVEY, HOUSTON, TEX., May 22, 1969. Hon. JAMES EASTLAND, Chairman, Judiciary Committee, U.S. Senate, DEAR SENATOR EASTLAND: I write, as a lawyer, to commend to you and your Committee the nomination by the President of the Honorable Warren E. Burger as Chief Justice of the United States Supreme Court, which in due course will come before the Judiciary Committee. As a member of the Trial Committee for the plaintiffs in the Texas City Disaster litigation, I had professional contact with Judge Burger, then in the Department of Justice. I have also had occasion to appear before him in cases that I have had in the United States Court of Appeals for the District of Columbia Circuit. I have found Judge Burger to be possessed of strong character, high moral principles and personal integrity beyond question. Professionally, he clearly is able, understanding and blessed with technical proficiency of the highest character. As a Judge he has evidenced a balanced and reasoned consideration of the issues before him with due regard for those principles of our jurisprudence which have brought this Country to its high estate, as those principles are tempered with justice and equity. In my opinion, he has the talents and qualities that augur for the administration and discharge of the functions and duties of Chief Justice in accordance with the highest traditions of that office. This is a nomination in the interests of the Bar and the Country generally. I commend it to the favorable action of your Committee. Very truly yours, THOMAS FLETCHER. RICHMOND, VA., May 29, 1969. Hon. JAMES O. EASTLAND, Chairman, Judicary Committee, U.S. Senate, Washington, D.C. DEAR SENATOR EASTLAND: I write to express my enthusiastic personal endorsement of the Hon. Warren E. Burger for Chief Justice of the Supreme Court. It has been my privilege to know Judge Burger for a number of years. During the past four years I have been closely associated with him in the important work of the American Bar Association in developing standards for the improvement of the administration of justice. You and members of your Committee are no doubt familiar with the draft standards already published, several of which have been approved by the House of Delegates of the American Bar Association. Since August of last year, Judge Burger has been Chairman of the Criminal Justice Project of the ABA and has provided conspicuously able leadership. The Committee will, of course, be familiar with Judge Burger's impressive record on the bench. He has, during his service as Assistant Attorney General and U.S. Circuit Judge, become widely known and respected by the bar of our country, Indeed, I think it can be said fairly that the nomination of Judge Burger has been received with unique satisfaction and approval by the bench and the bar generally. Judge Burger will be one of the great Chief Justices. Sincerely, LEWIS F. POWELL, Jr. CEDAR RAPIDS, IOWA, May 31, 1969. Hon. JAMES O. EASTLAND, Chairman, Senate Committee on the Judiciary, MY DEAR SENATOR EASTLAND: It is my understanding that your committee will soon consider the qualifications of the Honorable Warren E. Burger for confirmation as Chief Justice of the United States. It is my judgment that Justice Warren E. Burger would make an outstanding Chief Justice of the United States. During my term as president of the American Bar Association, 1959-1960, I became aware of the very high capabilities of Justice Burger in relation to his legal mind. Since that time I have watched his progress and have at no time found any reason to change my opinion of either his ability or his character. Justice Burger is not only an able judge but is also a most capable administrator. In addition to this, he still recognizes his obligations as a lawyer to perform a public service. Justice Burger has taken the time from a very busy schedule to act as Chairman of the Special Committee of the American Bar Association on Minimum Standards for the Administration of Criminal Justice. This willingness to participate in the activities of the organized Bar as a public service is not only appreciated by his brother lawyers, but makes a valuable contribution to the public. My personal pride in our profession is enhanced when I see lawyers like you and Justice Burger sacrifice themselves for accepting the responsibility, in your case as a senator and in the case of Judge Burger as a judge, rather than to continue the substantial practice of this profession. It is my sincere hope that your committee will agree with the great majority of lawyers throughout the country in approving the appointment of Justice Warren E. Burger as Chief Justice of the United States. Respectfully, JOHN D. RANDALL. WASHINGTON, D.C., May 29, 1969. Hon. JAMES O. EASTLAND, Chairman, Senate Judiciary Committee, DEAR SENATOR EASTLAND: As a former law clerk of Judge Burger (1957-58) anything I have to say in his support will be heavily discounted. I know, and certainly an insignificant addition to the enormous support which stands behind him. Nevertheless, for what it is worth, I would like to make the following comments in support of his nomination. Judge Burger's chief quality is his ability to appreciate the position of all parties to a dispute. Even though he rules against you, he makes you feel that he has considered your point of view, so that you say, I lost but I got a fair hearing. This is the highest quality a judge can have. This same quality appears in another form when it comes to dealing with the people around him-he is energetic and generous, and yet in the end firm in his resolve. These are the qualities of a leader, and these will serve him well in his role of Chief Justice. If any generalizations describe the Judge's legal philosophy, I would say the words "fair" and "practical" are most appropriate. He is primarily interested in doing justice for the particular case (hence is "fair"), but he also gives weight to what would be the consequences of a decision, in terms of its impact on the predictability of the law and administration of the law (hence is "practical"). In other words, he considers all the factors, and not merely those of the particular case. While all judges try to do this, of course, the weight Judge Burder gives to the non-particular factors is perhaps more in harmony with the national sentiment. The country, the Court, and the legal profession will be fortunate to have Judge Burger take his seat as Chief Justice. Sincerely, CHARLES A. HOBBS. STATEMENTS STATEMENT BY SENATOR GORDON ALLOTT Mr. Chairman, because I was to be with President Nixon as he delivered the commencement address at the Air Force Academy in Colorado Springs, June 3d, the distinguished Senior Senator from Illinois, and ranking Minority Member of the Senate Judiciary Committee graciously consented to place this statement in the hearing record. I am most pleased to unhesitatingly support the President's nomination of Warren Earl Burger as Chief Justice of the United States Supreme Court. I have known and respected Judge Burger for over 25 years, and I must say that I can think of no one whose integrity, abilities and judicial temperament are better for this high office. As my colleagues know, I have been a critic of the Supreme Court for many years now. The Court has overstepped its Constitutional bounds on many occasions by "legislating" rather than "interpreting." The President, by all accounts, shares this view. Thus, he chose a man who has the same respect for the Constitution as our Founding Fathers. That, indeed, is one of the most encouraging aspects of this appointment. There is no need to describe Judge Burger as a "conservative" or "liberal" or "moderate." These terms are not as important as the one used often by the President, namely "strict constructionist." Much has also been said about Judge Burger's personal integrity. I can only add that in the years I have known him he has over and over again proved himself to be a man of unimpeachable reputation who will lead the Supreme Court to a standard of excellence thought to be forgotten in modern times. I know that this Committee agrees with the President that this is perhaps Mr. Nixon's most important appointment during his term of office. It is, therefore, with great personal pride and pleasure that I commend his nomination to the Judiciary Committee. STATEMENT OF SENATOR SAM J. ERVIN, JR. Mr. Chairman. in his speech nominating Judge Warren Burger to be the next Chief Justice of the United States, President Nixon mentioned that the selection of a new Chief Justice was the most important nomination a President makes during his term of office. I definitely agree with the importance the President places on this nomination. In fact, last year in a speech to the Senate I characterized the office of Chief Justice as being more powerful than that of the Presidency in its impact upon constitutional government. Since coming to the Senate, my experience has led me to the conclusion that most nominees to the Supreme Court are men of high intelligence, character, and scholarship. Of course, these attributes are necessary ingredients for a Justice of the Court and Judge Burger certainly possesses them. However, when a Senator undertakes to discharge his duty under Article II to judge the qualifications of a nominee to the Supreme Court, his inquiry should not be limited to the intelligence, character, and scholarship of the nominee, but should extend to his judicial philosophy which includes his willingness to subject himself to that most precious of all judicial virtues-self-restraint. In other words, no matter what other gifts or attainments one may possess, he is not qualified to be a Supreme Court Justice unless he is both able and willing to subject himself to the self-restraint which enables him to accept the Constitution as the rule for the government of his judicial action and makes him refrain from attempting to revise or update that instrument according to his personal views as to what is desirable when he undertakes to interpret it. This self-restraint is usually the product of long and laborious legal work as a practicing attorney or long and laborious judicial work as a judge of an appellate court or a trial court of general jurisdiction. It is sometimes the product of long and laborious work as a teacher of law. In the case of Judge Burger, he has had long experience participating in the administration of justice as a practicing lawyer and as an Assistant Attorney General in charge of the Civil Division at the Department of Justice. For the last thirteen years, he has been a member of the U.S. Circuit Court of Appeals for the District of Columbia. However, while experience is necessary, a more revealing and reliable indication of a Judge's willingness to lay aside his personal notions of what a constitutional provision ought to say and to base his interpretation of its meaning solely upon its language and history is found in the cases in which he has participated while a member of the court. In the past, I have attempted to determine a nominee's judicial philosophy by exploring with this Committee his past court opinions, if he sat on the bench; his speeches; or other indicia of his judicial temperament. As with all previous nominees to the Supreme Court, I have studied Judge Burger's decisions and recent speeches. After doing these things in the past, it often became necessary for me, as a member of this Committee, to ascertain whether the nominee could reconcile his decisions with the words of the Constitution and the numerous prior decisions of the Court placing contrary interpretations upon them. I must admit that Judge Burger's words and actions as reflected by his decisions while on the Circuit Court of Appeals pose no such problem for me today and make my task on this Committee immeasurably easier and more enjoyable than it has been in the past. In short, from a study of his words and deeds, I believe the appointment of Warren Burger to the Supreme Court will begin a return to constitutional government in the United States as far as the Supreme Court is concerned, and I wholeheartedly support his nomination. Mr. Chairman, I would like to have inserted into the hearing record the following items at the close of my remarks: (1) A speech by Judge Burger given to the Ohio Judicial Conference in Columbus, Ohio, September 4, 1968, entitled "Rulemaking by Judicial Decision: A Critical Review." (2) A speech by Judge Burger given to the commencement class at Ripon College, Ripon, Wisconsin, on May 21, 1967. (3) Excerpts from recent opinions by Judge Burger which appeared in the May 30, 1969, issue of the Congressional Quarterly. (4) The majority opinion in the case of Powell v. McCormack, 395 F. 2d 577, (1968) which was written by Judge Burger. (5) The case of Frazier v. United States decided by the U.S. Court of Appeals for the District of Columbia on March 14, 1969. The dissenting opinion was written by Judge Burger. |