Article: Nice try. (Abe Fortas' nomination as Supreme Court Chief Justice) (column)

NICE TRY

IT IS A FALLACY to say that because John did A, therefore it is right, and to be expected, that Jim should do A. And the bearing of this is of course Fortas-Bork.

The argument of the liberals is neat, not to say facile. In 1968, President Johnson nominated Abe Fortas to succeed Earl Warren as Chief Justice of the Supreme Court. This was a maneuver. Its background: Earl Warren hated Richard Nixon above all other men alive, and caucused with LBJ to avoid a Chief Justice named by Nixon, who looked like a certainty to win the next election. Deal: Earl Warren would resign before he had intended to do so, giving LBJ first crack at naming a ...

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