NYTimes
WARREN DEFENDS
JOHNSON'SNAMING
OF A SUCCESSOR
But He Will Return to Court
in October if Senate Has
Not Confirmed Fortas
IN RARE NEWS PARLEY
Refuses Comment on Report
He Was Resigning to Bar
Possible Nixon Nominee
4.
By FRED P. GRAHAM
Special to The New Y0111 Times
WC
6 Jul 68
Court, a room with white
quartered oak paneling reaching up to a high, gold-leaf.
ceiling. Warren stood charac:
teristically erect, with Chief
Justice John Marshall gazing
down over his left shoulder
from a portrait on the wail.
100 Reporters Attend
About 100 reporters attended,
although Court officials had
said that Mr. Warren would
discuss neither the business of
the Court nor politics.
More than he had ever done
before as Chief Justice, Mr.
Warren touched upon both.
He rejected the premise on
which 19 Senate Republicans
are resisting the nomination of
Mr. Fortes and that of Judge
Homer Thornberry as Associate Justice. They have argued
that because the President's
term is almost over, his successor should make the appointment.
Because the Constitution limits each President to two terms,
Mr. Warren said, under this argument every President serving
Continued on Page 42, Column 1
WASHINGTON, July 5—Chief
Justice Earl Warren rejected
today the assertion that President Johnson was a "lame
duck" President who should his second term "would .be a
not appoint new members to lame duck."
the Supreme Court.
Be invoked his customary
"As long as a man is Presi- rule against political comment
dent he has a right to perform ' Only when he was asked about
the duties of his office," the reports that he had resigned
Chief Justice said in his first now because he feared that
formal news conference since ferrner"Vice President Richard
submitting his resignation.
' M. Nixon might win the PreiiHowever, he declared that tency in November and he
he would return to the Court in preferred President Johnson to
October if the Senate had not name a new Chief Justice. .
confirmed the nomination of .
Mr. Warren replied that he
Associate Justice Abe Fortes es "left politics behind 15 years
his successor.
ago" and thus would not-comHe said he "would be obliged ment.
under my oath" to • stay on.
'1 wouldn't dare to broach a
`A Continuous Body'
subject of that nature myself
"There ought always to be a because it would not be in
Chief Justice of the United character to do it," he said.
He said that he wen to the
States," he said, "because the White
House on the morning of
Court is a continuous body and June 13 to inform Mr, Johnson
should have the leadership it of his decision to retire. According to Mr. Warren, they
is entitled to have."
He said that without its - did not discuss his successor.
Later that day, he said, after
ninth member, the Court might
•the Justices completed their last
become deadlocked, 4 to 4.
conference of the Court term,
Mr. Warren, who has rarely lie told them of his plans. •
spoken out on subjects of pubThe news conference, Mr.
lic. controversy during his 15- Warren's first formal session
year tenure on the bench, com- 'with newsmen since he met
mented candidly on a wide ' with them on March 19, 1965,
firs 75th birthday,• was arranged
range of topics.
after a number of reporters
Looking robust in a dark asked to interview him. Camsuit, green tie and California eramen were permitted to take
tan, he was more relaxed, care- pictures befOre he started to
free and far more communica- speak, and no sound recordings
tive than he had been in a tong were permitted.
- In the only somber note of
time_
session, Mr. Warren said
The news conference was the
that he thought the nation war
held in the stately East Con- entering a new era of turhu
ference Room of the Supreme ,, fe.nce and dissent and that the
United PresS International
SUPPORTS PRESIDENT: Chief Justice Earl Warren at his
1-.Washington news conference. He defended Mr. Johnson's
,'right to appoint new members to the Sppreme Court;Sugll-eme Court would 1Fevititily
High•Point of Tenure
be embroiled in the changes
During his long silence about
that it would bring.
Supreme Court matters, Mr.
- "For. a long, long time we Warren
was frequently reporthave swept under the rug ,a ed to have
• ,considered the
number of problems that are
school desegregation decision
basic .to. American life," he as
the high point of his tenure.
said. "They have piled up."
"I never said that," he said
"There must be great ad- today.
justments of some kind, cer7 . Asked : if.- the :Court . would
tainly in our society and possi continue
in the liberal path.. of
bly in the economy,"
Warren Court, he. said that
The most important decisidn the
this could not be predicted beof the Warren. Court, he said, cause
a President, could riot be
was one written not by him- certain how a man would vote
self but by Justice William after he became a Justice. '
J. Brennan Jr.—the reappor"You do see things differenttionment decision of 1962 in ly when you're on the Court,"
Baker v. Carr. Mr. Warren said he said. "I've seen that myself."
that Many of the problems that
He recalled that he had Opnow confronted the nation could I posed reappointment when it
have been -disposed of earlier was "a. political 'question" in
if the legislatures had been I California and he was a poliproperly apportioned before the I tician.
Supreine Court required it.
"But you see it in. a different
::ASItert why he had -not exer- persPective" on the Supreme
cised his prerogative to write Court, he said. He said he saw
the Baker v. Cart opinion, he no inconsiStency in his 4tanch
said:
advocacy of reappointment as
"Well, gee, the Chief Justice a 'constituaional question:
doesn't write all of the im- - He gave his views on. such
portant decisions."
subjects as the following:
- Next in importance he cited
the school desegregation de- "Throughout
"Throughout
mypunishment:
life there has
cision of 1954, Brown v: Board always been something to me
of EduCation. Third on his list that was repulsive tQ have the
was Gideon v. Wainwright in Griarnitent take a life when
1963, which held that all de- yclif are asking everyone -else
fendants in serious criminal not to take a life." Howe*,
cases were' entitled to legal he Said that the itbcptioir 'Of
counsel.
capital punishment- should be
a ruling that he might make in "I have to be busy," he said.
tett to the states. They are
a position to experiMent with( a lower court.
"I will be busy."
its effects, he said.
Hinting that he would not Mr. Warren was asked the
dliCompulsory retirement: "I devote all his time, if any, to maior frustrations of his tenure
haye always been' one who 'be= writing memoirs, he said, "I as Chief-Justice.
Hived in a cut-off date." But have not kept a file, or a let- He paused for a long mohe said that the same comptil- ter, or a scrap of paper for the ment, then- broke into a wide
Sory retirement date should be purpose of writing a word."
smile and plied that he could
required of officials in the, But he said that retiring not think4if any.
Other branches of the Govern- with a fishing pole would pall "It has tit been a frustrating
experienW.' he said.
:
Went.: •
after a few days.
.activism": "I'm
A."
nat one of those who believe
that something that iS dorie for
the fitst- time IS wrong." The
St preme Court' has a duty to
make decisions, • even _if they
result in changes that cause
the Court to be
, called too acOre, he said.
•41"Impeach Earl Warren"
signs: `.'Once in a while I have
wanted to answer. back. You
can'bdo that on the Court. You
get in enough trouble writing
opinions."
. Residence Undecided ,
Mr. Warren has residences in
Washington and California, and
he has not yet decided whether
he will continue to spend time
'
in{ both tplices:
A'tette& Justice he tin
sit as a .judge on ,any Federal
court ;.oth er -thanthe.Supreme
Court, but ,he said that he had
not decided whether it -would
be proper for him to do so. He
does not wish to embarrass the
Justices by having them review