In mid-July, 1965, Associate Justice Arthur Goldberg∇ stepped down from the Supreme Court to take over as UN∇ Ambassador. President Johnson wanted Abe Fortas, his longtime attorney and confidant, to be the replacement. Fortas demurred, but Johnson was not deterred. While he considered several other candidates, including a number of Republicans, Johnson did not stop pressuring Fortas and eventually got his man.
President Johnson and Senator Richard RussellJuly 19, 1965, 6:07 P.M. |
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| Citation #8352, WH66507.04. LBJ Library President Johnson explains Abe Fortas’s qualifications to Senator Richard Russell, emphasizing Fortas’s skills as a “craftsman,” a “technician,” and a "teacher" as well as being "one of the great lawyers of this country." |
President Johnson and Ramsey Clark∇July 23, 1965, 4:25 P.M. |
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| Citation #8381, WH6507.07. LBJ Library Ramsey Clark, a Texan, was Deputy Attorney General and the son of U.S. Supreme Court Associate Justice Thomas Clark. In an over 35-minute call, he spoke to President Johnson about judicial appointments and other matters. The two men were keenly aware of political constituencies and discussed the merits of appointing a black judge, an Italian judge, a Jewish judge, and a woman judge. In this first clip, Ramsey and President Johnson discussed appointing a female to the Supreme Court. Both wanted to put a woman on the court and put more women in the federal judiciary, but worried that an appointment at this time would appear “gimmicky.” |
President Johnson and Ramsey ClarkJuly 23, 1965 |
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Citation #8382, WH6507.07. LBJ Library In this clip, Johnson asked Ramsey Clark if they would “catch much hell on Abe Fortas.” Ramsey provided an enthusiastic endorsement, explaining that Fortas would be a “truly distinguished appointment” and that “history will show that you appointed a great judge.” |
President Johnson and Abe FortasJuly 28, 1965, 11:48 A.M. |
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Citation #8406, WH6507.09. LBJ Library Although Fortas had rebuffed the President, Johnson decided to hold a press conference to announce him as the nominee. In this call, Johnson invited him to watch the proceedings. |
President Johnson and Mike Mansfield∇July 30, 1965, 10:00 A.M. |
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Citation #8415, WH6507.09. LBJ Library Johnson had irritated Fortas's wife, the well-known tax attorney Carol Agger, by pressing forward with the nomination. In his pithy style, Johnson worried that pushing back Judiciary Committee hearings to accommodate Agger was a serious political mistake. |
President Johnson and Abe FortasAugust 10, 1965, 1:30 P.M. |
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Citation #8427, WH6508.03. LBJ Library Johnson congratulated Fortas on a unanimous vote of support from the Senate Judiciary Committee. |
Fortas was confirmed by the full Senate the next day and sworn in on October 4.