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Thurgood Marshall — Part 12
Page 233
233 / 254
12~9-66)
0-19 (Rev.
by Senaté. riled
| oy Signs Point
To Easy Sailing
For Court Post
\ > By John P. MacKenzie
B Weshington Post Staff Writer
Thurgood Marshall, on his
way to becoming “the “first
Negro to serve on the Su-
preme Court, was grilled for
‘an hour yesterday by hostile
: Southern Senators eager to
show their disapproval of the
Court and of Marshall’s liberal
record.
The crass-examination re-
sumes at 10:30 a.m. today amid
signs that President Johnson’s
nominee will sail through
after opponents have vented
their feelings,
Senate Judiciary Committee
Chairman James O, Eastland
(D-Miss.} and Sen, John L.
MeClellan (D-Ark.) tried with-
out success 10 draw Marshall
into a discussion of recent con-
| troversial Court decisions on
the rights of suspects in crimi-
nal} cases.
Se
| Marshall replied firmly that |
{ such a discussion would be im- :
; Proper because related consti- '
‘tutional issues are pending in
| the Court now. Ile agreed with |
+MeCletlan that crime was a
“eritical” national problem. *
No Recent Statements '
The 59-year-old U.S. Solici-'
tor General said he often had:
cummented on Supreme Court !
rulings in the past but since’
(lis nomination June 13, “tT
{haven't made any statements |
in anybody about anything.” |
Marshall conceded that he!
“never said I disagreed” with}
the Court’s 5to-4 decision re-|
stricling ine use of confes-
sions. But he reminded Me-j
Clellan that he argued last year
n behalf of the Justice De-
partment that the Court should
go no further than to require}
State police to warn suspects of
62 JUL 2 1 1967
\
_| McClellan asked whether
oo Mor to the Teverof
a threat to “national security”
and Marshall said he didn’t
know. McClellan, sponsor of
\legislation to authorize wire-
jtapping and electronic eaves-
dropping, has been attacking |
the Johnson Administration’s
dan on “bugging” except in|
national security cases. :
After McClellan repeatedty}
said he could not judge Mar-
shall’s qualifications on the|!
basis of his testimony, Sen.
Edward M. Kennedy (D-Mass.)
and other supporters pointed
to Marshali’s career as chief
legal counsel for the NAACP
jDefense Fund and ‘his four
years as a Federal judge.
i Dissent Cited , }
| Kennedy offered to supple-|
ment the record with samples
Jof the nominee’s legal briefs
and speeches. MeClellan said}
the record should include aj
\Marshall dissent while on the}
2d U.S. Circuit Court of Ap-
peals urging that the Supreme
Court’s search-and-seizure
jrules apply retroactively. The
Supreme Court later disagreed
‘| with Marshall,
i| Marshall was warmly intro-
I|duced by Sen. Jacob K. Javits;
‘|(R-N.Y.}: and Sen, Robert F.!
Kennedy, (D-N-Y) who as At|
jtorney General helped put!
|Marshall on the Federal bench
in 1961.
| The Committee also held aj
10-minute confirmation session }.
\for Warren M., Christopher, ;
41-year-old Los Angeles lawyer}
nominated for the post of Dep-
juty Aftorney General, but de-
ion. Sete 3
EP —fpbed.
NOT REPERRHTS
128 JUL bis aye
ral
-/)-
Tolson A
be Seg
py,
a
. Callahan
Conrad
Rosen
Sullivan
Tavel
Trotter
Tele. Room
Holmes
Gandy
The Washington Post
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People’s World
JUL 14 1867
Date
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