CONTENTS Hon. Eugene J. McCarthy, U.S. Senator from Minnesota.. Hon. Walter F. Mondale, U.S. Senator from Minnesota... Hon. Albert H. Quie, U.S. Representative from Minnesota__ Hon. Clark MacGregor, U.S. Representative from Minnesota.. Hon. Quentin N. Burdick, U.S. Senator from North Dakota...--- Paul R. Hamerston, President, Minnesota State Bar Association__ Testimony of: Hon. Harry A. Blackmun, Nominee to be Associate Justice of the Su- Editorial from Rochester, Minn., Post-Bulletin, April 11, 1970. Editorial from Rochester, Minn., Post-Bulletin, April 15, 1970_. Resolution of Hennepin County Bar Association_ Biographical sketch of Harry A. Blackmun__ Letter from the American Bar Association, Standing Committee on Federal Address by Harry A. Blackmun, "Allowance of In Forma Pauperis Appeals NOMINATION OF HARRY A. BLACKMUN WEDNESDAY, APRIL 29, 1970 U.S. SENATE, COMMITTEE ON THE JUDICIARY, The committee met, pursuant to call, at 10:45 a.m., in room 2228, New Senate Office Building, Senator James O. Eastland (chairman) presiding. Present: Senators Eastland, McClellan, Ervin, Hart, Kennedy, Bayh, Burdick, Tydings, Byrd of West Virginia, Hruska, Fong, Scott, Thurmond, Cook, Mathias, and Griffin. Also present: John H. Holloman, chief counsel, Peter M. Stockett and Francis C. Rosenberger. The CHAIRMAN. The committee will come to order. No more pictures. Senator McCarthy, I am not going to swear you. You may proceed. STATEMENT OF HON. EUGENE J. MCCARTHY, A U.S. SENATOR FROM THE STATE OF MINNESOTA Senator MCCARTHY. Thank you very much for your confidence, Mr. Chairman. I appreciate that and also The CHAIRMAN. Speak a little louder. Senator MCCARTHY. I am pleased to be here with my colleague of the Senate, Senator Mondale, and two members of the House of Representatives from Minnesota, to introduce to the Senate Judiciary Committee Harry Blackmun, who has been nominated for the Supreme Court. I would say I am pleased he was nominated for a number of reasons, those affecting his person, what I know of him. I am also glad to have a nominee whom I can vote for. This will be the third nominee-no, the fourth-I voted against three. I am afraid I would be accused of general prejudice against the Supreme Court. That has never been the case. Judge Blackmun has a record which is familiar to, I am sure, most of the members of this committee. I suppose half of you were on the committee when he appeared here in 1959 as the nominee for the circuit court. He was approved then after adequate examination and, as I remember, without any objection. He has served well as a lawyer in my State and on the circuit court has made a record which is open to everyone's admiration. I have objection to only one decision, not very serious objection. My delegation in Minnesota took a case before him on the principle of one man, one vote, in 1968 and he as a member of the panel decided that (1) the time was not right to carry the one man, one vote principle back to the level of the Democratic-Farmer-Labor caucuses. I hope that when he is on the court and has more time to reflect, if that same issue comes before him, that that principle may be extended to the beginning of democracy. Mr. Chairman, I will now yield to my colleagues with a recommendation to the committee that they approve Judge Blackmun. The CHAIRMAN. Senator Mondale. STATEMENT OF HON. WALTER F. MONDALE, A U.S. SENATOR FROM THE STATE OF MINNESOTA Senator MONDALE. Thank you, Mr. Chairman, members of the committee. I am pleased to appear before this Committee for the purpose of introducing Judge Harry A. Blackmun, the President's nominee to be an Associate Justice of the Supreme Court. I gladly support this nomination, and I commend the President for choosing such a distinguished jurist. The word "scholarly" has most often been used to describe Judge Blackmun, and I think it is an apt description. He left Minnesota to attend Harvard College on a scholarship, where he graduated Summa Cum Laude and as a member of Phi Beta Kappa. He then went on to the Harvard Law School, working his way through school by tutoring in mathematics and by holding a variety of other jobs. After graduating from law school in 1932, Judge Blackmun returned to Minnesota and served as a law clerk to Judge John Sanborn, one of the most distinguished judges in the history of that circuit court. He then began a long career as a member of one of Minnesota's most prestigious law firms. While in private practice, he taught law part time, first at the St. Paul College of Law in St. Paul and then at the University of Minnesota. In 1950 he became the resident counsel of Mayo Clinic and the other Mayo organizations. By 1959 when he was appointed to the U.S. Circuit Court, Judge Blackmun had established a reputation as one of Minnesota's most brilliant attorneys. In his 11 years on the court of appeals, he has served with great distinction. Judge Blackmun is highly regarded by lawyers practicing before his court, and he is known particularly for his expert opinions on complex taxation matters. He has established a record as an able, fair, and understanding judge. His opinions are carefully written, and they demonstrate a clear respect for judicial precedents. Judge Blackmun's character is perhaps best described by his hometown paper, the Rochester Post-Bulletin, which said: We know of no man in Rochester, or indeed in Minnesota, who is more respected by close friends and casual acquaintances alike; who has a higher reputation for integrity; whose judgment is more respected. While his academic and professional record is "a matter of record," so to speak, let it be added that just as a man-a man of personal integrity-none can rate higher. For the record, I am submitting a copy of this editorial, as well as a subsequent editorial from the same paper discussing the merits of this nomination. (The editorials referred to follow :) [From the Rochester (Minn.) Post-Bulletin, Apr. 11, 1970] JUDGE BLACKMUN FOR HIGH COURT? HE'D BE SUPERB! When a baseball pitcher goes into the late innings of a game with a no-hitter in progress, the radio-TV broadcasters are sometimes reluctant to even mention that fact on the air, for fear of "jinxing" the pitcher's chances of reaching baseball's charmed circle. We feel a bit that way in trying to editorialize on the news that U.S. Circuit Judge Harry A. Blackmun of Rochester is one of evidently only two or three jurists being considered by President Nixon for appointment to the U.S. Supreme Court. We know nothing of the qualifications of the other men being considered. No doubt either or all of them would be outstanding nominees, particularly since Mr. Nixon's last two nominees were rejected by the Senate and the President simply must do a lot better the third time around. We do know a good deal about Harry A. Blackmun. Not first-hand about his legal and judicial competence, of course, since editorial writers are seldom lawyers or judges. But on that score there is a mountain of testimony from lawyers and judges, who do know, that Blackmun is a superb legal scholar. We are confident his professional record will stand tall in any investigation. But, in these days when a Supreme Court nominee's personal and community life is also important, an editorial writer who has known Harry Blackmun for 20 years is qualified to say a few things on that score. First of all, he will be embarrassed by words of praise, for he is a very modest and unassuming man. So we'll keep it short. We know of no man in Rochester, or indeed in Minnesota, who is more respected by close friends and casual acquaintances alike; who has a higher reputation for integrity; whose judgment is more respected. While his academic and professional record is "a matter of record," so to speak, let it be added that just as a man-a man of personal integrity-none can rate higher. It is hardly a secret that when Richard Nixon was elected in 1968 many Minnesotans had high hopes that Judge Blackmun might be elevated to the Supreme Court. But when another outstanding Minnesotan, Warren Burger, was named Chief Justice, those hopes seemed to be extinguished since as a practical political matter two Minnesotans (who are close personal friends) are unlikely to be named to the High Court virtually at the same time. This is still a drawback to Judge Blackmun's chances, of course. But the usual "rules" no longer apply in the wake of the rejection of two straight Southern nominees. Now Harry Blackmun is very much in the running. Those in a position to know far better than we, say Judge Blackmun qualifies as a "strict constructionist" of the Constitution. We know him to be a man of moderate, commonsense views. If nominated, we believe he would be confirmed by an overwhelming margin in the Senate. For Judge Blackmun, such nomination would be the highest honor that can be accorded a jurist; for Rochester and Minnesota it would be a "feather in the cap." But most important, we believe, he would serve with real distinction on the Supreme Court and thereby benefit all Americans. Needless to say, we sincerely hope that President Nixon does select Judge Harry A. Blackmun for nomination to the U.S. Supreme Court. [From the Rochester (Minn.) Post-Bulletin, Apr. 15, 1970] LABELS DECEIVING IN ASSESSMENT OF "JUSTICE" BLACKMUN Some people, particularly in other regions of the nation, will think that Judge Harry A. Blackmun was "third choice" to fill the vacancy on the U.S. Supreme Court. And, technically, they are right, since the Senate had indeed previously rejected Clement Haynsworth and G. Harrold Carswell. But that is a mere technicality since, as a practical matter, President Nixon simply could not have first selected Minnesotan Blackmun for the Supreme Court vacancy only a few months after naming former longtime Minnesotan Warren Burger as Chief Justice. |