Evening star., 1953-09-10
The Political Mill
Varied Precedents
For Court Selections
Eisenhower Choice Seen
Sure to Be Republican
By Gould Lincoln

By Gould Lincoln
The sudden death Of Chief Justice
Fred M. VinSon was shock to the Ma
ton. He was universally respected for
his attainmentS. His warm personality
won for him q host Of friends. including
President Eisenhower and former Presi-
dent Truman who appointed him Chief
Justice.
It now devolveS upon the first Repub-
lican President in 20 years to make per-
haps his most important appointment
to date. It goes without saying that
his selection for the Supreme Court
vacancy will be Republican-whether
as Chief Justice, or Associate Justice.
should President Eisenhower decide to
name member of the court as Chief
Justice. Presidents Franklin D. Roose-
velt and Truman appointed a total Of
IL members Of the court-and only one
Of them, Associate Justice Harold H.
Burton Of Ohio, was Republican. Dur
ing score Of years. therefore, the trend
was toward Supreme Court whose
members held q political philosophy in
consonance with the New Deal and Fair
Deal.
Non Partisan Appointments.
Party politics are supposed to be
banned in the Supreme Court-and
they are to q great extent. Members
Of the Supreme Court, however, are
human. Their earlier teachings and
predictions cannot entirely be laid
aside-and they are not. When Presi-
dent Franklin D. Roosevelt entered the
White House in 1888, he found court
which looked aSkance, and which did
not believe in the constitutionality Of
some Of the measures advocated by Mr..
Roosevelt. President Roosevelt's Su-
preme Court packing" bill was his at
tempt to change the political philoso-
ply and thinking Of the highest tribu-
nal. The attempt failed. Even his own
party members in the Senate declined
to go along with Mr.. Roosevelt's recon-
mendation. designations and deaths,
however, enabled him to replace the old
court with justices Of his own choice.
The pendulum has now begun to
swing again. The country will await
with keenest interest the first Eisen-
hover appointment to the Supreme
Court. It will be considered an indi-
cation Of what is to be expected when
and II other vacancies in the court
occur. Close advisers of the President
insist he will be guided not by politics
but by a desire to find the ablest pos
Sible appointee-in whom the country
as well as himself will have confidence.
Each Of the last eight Presidents, be-
ginning with Theodore Roosevelt, had
several appointments to make to the
Supreme Court, except Calvin Coolidge
who made but single such appoint
ment-the late Harlan F. Stone who
later became Chief Justice under ap-
pointment by Franklin D. Roosevelt.
Theodore Roosevelt appointed three
members Of the court: William Howard
Taft, five president Taft also elevated
Associate Justice Edward D. White to
Chief JuStice); Woodrow Wilson, three;
Warren G. Harding, four, including the
appointment of William Howard Taft
to be Chief Justice; Herbert Hoover,
three. including the appointment Of
Charles Evans Hughes as Chief Justice;
Franklin D. Roosevelt, eight; and Harry
S. Truman, four, including the late
Chief Justice Vinson. It may be pre-
Sumed, therefore, that President Eisen-
hover will have other places to I'LL
before his term runs out. One of the
associate Justice has already reached
associate justices has already reached
do so.
Dewey and Warren.
Speculation in Washington has al
ready centered around Gov. Earl War
rem Of California and Gov. Thomas E.
Dewey Of New York as likely choices.
Both made their marks in the legal
profession before being elected Gov
ernor. Should the President determine
to elevate a sitting member Of the
court to Chief Justice and make his
new appointee an associate justice,
he might turn to Associate Justice Rob-
ert H. jackson or to Associate Justice
Burton, the only Republican member.
The fact that Associate Justice jack
son is Democrat is not necessarily q
deterrent. Franklin D. Roosevelt a
Democrat, appointed Associate Justice
Stone, Republican, Chief Justice, and
William Howard Taft, a Republican,
appointed Associate Justice Edward D.
White, Louisiana Democrat, Chief
Justice. The President, however, may
go outside the two Governors men
toned and the present members Of
the court for new Chief Justice, Sc
lecting an outstanding jurist or leader
OF the bar. Because during the last
20 years few, very few, Republicans
have been named to the lower Federal
courts, those courts do not offer wide
field of selection.
The President may make q recess
appointment, to be confirmed later by
the Senate. which would appear wise
since the Supreme Court opens its ses-
sion in october, or he could wait until
Congress meets in January to flll the
vacancy and appoint a Chief Justice.
1t is presumed that the Presidents
choice will be accepted by the Senate
when 1t is presented. Once, however,
a Chief Justice, given recess appoint
ment, was later denied confirmation
by the Senate. That was the second
Chief Justice, John Rutledge Of South
Carolina, appointed by George WASH
ington, July /, 1895. Rutledge pre-
sided at an August term Of the Su-
preme Court. His appointment was
rejected by the Senate December Is,
the same year.
Democratic Presidents Wilson, Roose-
velt and Truman appointed their At
torneys General to the Supreme Court,
and so did President Coolidge. Presi-
dent Eisenhower could do the same
for Attorney General Herbert Brown
ell. jr.. who is highly regarded. How
ever, he relies strongly on Mr.. Brown
ell to revamp the Department Of Jus
tice, q job that is now going forward.