Purely Commentary
The Fortas Issue
a Blight
on the Senate . . The Sad
Attempt to Mock Justice
conduct in cases that he handled, but said, "There vas one significant
A naive reporter, writing in one of the local papers, had this difference . . . from the Fortas situation today. No one—not even
the
men most steeped in hatred of Woodrow Wilson—suggested in 1916
sensational ,note which appeared under an erroneous heading of "HHH
that confirmation should be blocked by a filibuster. The Senate took
111 Mixed Up About Mr. Detroit":
four months to make up its mind about Brandeis. But none of its
"Mr. Detroit," Max Fisher, who is Richard Nixon's adviser members was so lost to honor, so devoid of commitment to the concept
on urban affairs, the vice chairman of his finance committee, of majority rule, as to propose a frustration of the whole Senate by
and a staunch Remit,'ican, is still smiling over the wire he received
from Hubert Humphrey, saying: "I'd be honored if you would sheer obstructionism," the paper said.
While these views antedate the withdrawal opir. Justice Fortas'
accept an appointment as vice chairman of our National Finance
nomination, the facts are relevant to historical data
Committee . .." Said Max: "Humphrey is a good buddy of mine, name from the
and
should be recorded. That is why it is worth quoting also this
but is he kidding!?!"
editorial from the New York Times of Oct. 2, published before the
The fact is that Hubert H. Humphrey knows all about Mr. Detroit
withdrawal:
—Max M. Fisher.
Naive Reporter and a Humphrey-Fisher Dialogue
AVOIDING THE FORTAS ISSUE
By Philip
Slomovitz
that was concerned with politics to
resort to a witch hunt, to assassi-
nate a great character in public
life.
This, also, must be said now. An
effort was made, and apparently
will continue, to besmirch the
name of Chief Justice Earl Warren
and to abuse the high court. There
were good-and fair-minded Repub-
licans in the ranks of those who
opposed the filibuster. There were
and there are excellent men in the
ranks of the Republicans who
ganged up to defeat the Fortas
nomination. We recall with great
respect the name of Wendell Win-
kle. We can think of him and of
Earl Warren as two of the very
great Americans of our time. War-
ren has deserved better at the
hands of the highest legislative
body of our nation.
But what is one to expect from
politicians who first decided
against confirmation of a Presi-
dential nominee and then set out
to gather evidence to justify their
actions? Oh, Politics, what crimes
are committed in its name !
States
In fact, he knew all about the leading Detroit supporter of the
the United
With the opening next Monday of the October term to of face
up to its duty
deplorable that the Senate has failed
GOP Presidential candidate long before he himself became the Dem- Supreme Court it is of
Justice.
be
Chief
Fortas
to
Associate
Justice
On the nomination
ocratic candidate for the Presidency.
The half-baked filibuster could not be stopped yesterday. .A bare majority
maneu-
for closure; but two-thirds was needed to choke of the delaying
On Dec. 10, 1166, Vice President Humphrey addressed the United voted that
have been so clearly designed to prevent a vote. There is a difference
vers
Jewish Appeal dinner in New York City. He Was introduced by Mr. between a procedural vote and a vote on the nomination itself. The real
avoided.
Chief Justice?—has been
Detroit, M. M. Fisher. The Vice President commenced his address by issue—is Mr. Fortes qualified to be
dispute in a Pres-
Associate Justice Fortas is the victim of a political are really directed
stating:
idential election year. Most of the arguments against him
leaves office on
against
the
"Warren
Court"
and
against
the
President,
who
"I should open my remarks tonight by telling you that this Jan. 20. The Southern Democrats and the conservative Republicans would rather
has been my day with my friends of the Jewish community. I wait for the next President, who they think will be Mr. Nixon, to designate
started early this morning with the services and the Festival of a new Chief Justice
come to a
If, as seems possible, the nomination of Mr. Fort= will no t
Lights on Hannha out at a synagogue in Washington, D.C. I said vote at this session, it will be the first time in Senate history that a judicial
t nar nyA.F.s
Coun re
nomination will fail because of a filibuser. The Supreme for
there what I say here: 'Shabat sholom.'
con-
its con-
ne
F lort
das
uty. wilL not be degraded, but the Senate will
"I see my good friend Ambassador Harman with us tonight, stitutional
as we would expect him to be, and what a fine and distinguished ,
And it is necessary also to keep the record straight by quoting
and effective representative of the States of Israel he is. (Ap- the New York Times editorial of Oct. 3, after withdrawal. That
plause.)
editorial was entitled "Defeat for DernocraCy" and declared:
"Ambassador Comay is with us also. These are like brothers,
The withdrawal of the nomination of Ass-ociate Justice Fortes to be
we are together so often. (Applause.)
Chief Justice is a defeat for democracy at the hands of those Senators . ive ho
been most strident in
"I hope that some of my good fellow Americans and friends I have
n s g
ez7:;
of LT;aucth ert.sviS:crlstron
T u esday
ltce
oetdm = gfilibuster
The unsuccessful attempt r'n
know what a predicament I am in. How would you like to follow • basis for belief that a majority of the Senate wanted to approve the 'lamina-
tion. put the vote provided even more conclusive evidence that the Sen ,I2Z
Pincus and Eban? This is really some night. Then, to be introduced ; • would
was
never get a chance to declare its will--yea or nay. Mr. F
by Max Fisher, that man whose political persuasion is somewhat obliged to bow to that unhappy reality in asking President Johnson to with-
i draw his name.
akin to a comment my father once made about my mother.
It is tragic that in a Presidential campaign in which concern for "law
"Once when I was a little boy I spoke disrespectfully to my and order" has become suffocatingly omnipresent, the Senate of the United
iits
nonfulifiLinieloL len
mother. My father scolded me. He did a little more than that, in States has been coerced into conservative
Republicans
have set a wretched
ep
Southern Democrats and the
WASHINGTON (JTA)—A
fact. He said 'I want you to know about your mother, young man. • example of respect for democratic process and majority rights.
eigibduit-iievne telephone receptionist fired because
ng
isapreidntemen
.
didy not let hciiisstid
prem
theatcoJuurstt icfle
She is not only your mother, but she happens to be my wife and hint fe We are A7u lad
made
has
m
she
wanted to observe Orthodox
my sweetheart. She is a wonderful woman. She has but one ' to the Court, a contribution sure to grow with the years. His promotion became
.a e
Jewish ritual on Friday evenings
a casualty of punitive politics, for i the effort ofiel;ii e sn cri e tics, to magnify
limitation that I know of. She is politically unreliable.
I occasional minor lapses of judgment ne basic challen ges
has
been
awarded $800 compensa-
"I want to say from this podium tonight that I hope that Max
We are glad, too, that Chief Justice Warren—in his letter of intention
tion and offered job reinstatement
Fisher will devote all of his energies and all of his time to the UJA. to retire last June—emphasized that no consideratons of health or other h i diffi-
s
the
be
c
.
F
culties stood in the way of his continuing on e velie
Whatever he does, may I say he will do it well. We love him and culties he remains the possessor of one of the liveliest and most Zmiabl ; following action by the U.S. Equal
Employment Opportunity Commis-
minds
publ c
i
admire him greatly for his fine qualities. (Applause.)
a e to preside over the opening
The imt on "f
ise
rt unate t h at he is able
sion. The name of the woman and
"Dear friends, I have jotted down so many notes that Max the new
Justice,
still for the C
term this Monday. Time is not s
ocracy mean remains clearer the identity of her employer were
has been wondering just when this meeting would break up. But, but his vision of what American justice and democracy
of those who revile the "Warren Court" and then evade their c onsti- not disclosed because of Federal
I have said from other platforms and I will say it from this one tutional
than thatresponsibility.
law governing operation of the
tonight to remind myself. Mrs.. Humphrey, who is my severest
On the basis of the accumulated evidence, it would be well for
critic and also the one that loves me the most—next to Mom, at the citiwns of this country to study the record, to become acquainted commission.
The woman claimed that she was
least—reminds me that my speeches are all fine. 'But,' she says, with the names of those who were lined up either with the Republican-
'I want to remind you that they do not have to be eternal to be Southern Democrats cabal and those who had the courage to act on fired because she left work on a
immortal.' Of couse, I do not really pay attention to those ad- the basis of democratic principles: of voting straight rather than resort. Friday afternoon to reach home in
monitions, but at least it is worth saying, for the moment.
ing to the un-American escape of a filibuster. Senator McCarthy time to observe the Sabbath. The
"Tonight is a wonderful evening, and I am so happy that I can returned to his Senate seat to vote with the Fortas supporters and the employer contended that other
be here. I am happy not only because I am with many friends' opponents co! filibusters. Senator Percy of Illinois voted against a Jews employed by the same com-
from all over the county . . " etc., etc.
pany made no such request for
filibuster.
The record of that meeting's proceedings is a most interesting
early dismissal and that she was
Arizona's 91-year-old Senator Carl Hayden, who always sup- disrupting work by creating a Jew-
one. There was a response to the Vice President and now is the time
ported
filibusters,
attended
the
session
to
vote
for
cloture.
to refer to it. In a sense, it complements political history. Mr. Detroit's
ish issue. An investigation by the
And there is Senator Everett Dirksen of Illinois, President John- commission disclosed that the com-
response to Vice President Humphrey's speech on Dec. 10 was:
"I would like to add a few words that I have to say. Vice son's pal, the man who at the outset challenged the "crony" charge, plainant had offered to make up
President Humphrey, to me, I am a little touched by your mes- asking, Since when must a man appoint to office be an enemy and the lost time by working on vaca-
sage that you brought. All I can say to you is that you are a great not a friend? How Ev suddenly turned! Why, Ev? Didn't you know tion and lunch hour periods. The
commission found that there was
humanitarian, a great American and a great vice president. Better I all the charges against Fortas were part of a witch hunt?
In spite of all-too-evident injustice to Fortas, two Senators (Strom "no showing that accommodation to
still, you would be a great UJA general chairman. (Applause.)
"After hearing at a wonderful meeting such as this, three Thurmond and Clifford P. Hanson) went so far as to demand that the -reasonable religious needs of
messages magnificently presented, if you do not understand and the maligned jurist quit the bench!
the charging party would have re-
Michigan's Senator Philip A. Hart was firm and consistent sulted in undue hardship on the
do not have a feeling for what the tasks and challenges that are
in carrying a battle for an idea. He supported a lost cause, but conduct of the respondent's busi-
ahead of us are, it never can be accomplished. .
he adhered to a basic American idea.
"I think Vice President Humphrey aptly said it. The respons-
ness." The telephone receptionist
President Johnson, withdrawing the name of his nominee (Would accepted the cash compensation
ibility is yours. The need and the opportunities you have listened
to. We have a job to do. It is your job and my job to make Woodrow Wilson also have withdrawn the Brandeis name under sim- but declined reinstatement because
available $75,000,000 this coming year if we want to see these ilar conditions?), called the result a "tragedy." That tragedy must she was now employed elsewhere.
have seriously arected Mr. Justice Fortas who, speaking at New
opportunities realized . . ." etc., etc.
If and when Vice President Humphrey becomes President -Hum- York UniVersity Law School on Oct. 3, warned of a "national crisis."
F. Topolski's Life Work,
phrey (as we hope and believe he will), this record of an interesting At that assembly, marking the 100th anniversary of the adoption of
and very friendly exchange will become a valuable memento in the the 14th Amendment to the Constitution, Arthur Goldberg expressed Bergen-Belsen Drawings,
"very profound regret at the wrongful action of the United States
memorabilia of Mr. Detroit, Max M. Fisher.
Senate" and revealed that he and his wife Dorothy had spoken to Destroyed in London Fire
Fortas the night before and he revealed that he had said to Fortas:
LONDON (JTA) — A fire of
The National Tragedy Created in the Senate:
"My wife quoted a remark of Benjamin Franklin, the essence of mysterious origin Monday destroy-
Our Nation's Honor and the Need to Persevere
which was: 'Do not in public life expect immediate approbation of ed the studio here of Felix Top-
Just as in the instance of the rejection of President George one's services. One must persevere through insult and injury.' . . ."
olski, the Polish "artist of Bergen-
Washington's nomination of Join .] Rutledge as Chief Justice of the
And in continent on this, Fortas said in his NYU Law School Belsen" whose drawings of con-
U.S. Supreme Court in 1795, so, also, now, the Abe Fortas issue will speech:
centration camp scenes made a
brew for a long time and will never be forgotten. It will be remem-
"I fear we are again in a national crisis where we who believe tremendous impact all over the
bered because of the injustice against an individual, because Senators
in this nation, where we who believe in the principles of the world.
who are up for re-election were in some instances more -concerned
Founding Fathers, where we who believe in our religious and
with their own political Suture (they were bombarded by deluded
ethical basis, where we who believe in the 14th Amendment will
The originals of the drawings
Americans in an organized mail campaign against Fortas), and the
be put to it to defend it."
were lost in the fire along with
role of one Everett Dirksen, who promised to support Fortas and sud-
He turned to former Supreme Court Justice Goldberg and otters of Israeli personalities and
denly became aware of a voter reaction and joined in an unholy
said: "Tell Dorothy that so far as I am concerned I shall landscapes done when Topolski
filibuster. He was not alone: there were others. Is it possible that
persevere."
Visited Israel. The artist, who
the liberal, Ernest Gruening, who was paired to filibuster, also was
And so all of us will persevere, but we won't forget what had makes his home in London is pres-
influenced by voter pressures since he is running in Alaska.as a sticker happened in the sacred portals of the United States Senate where we ently in the United States. His
candidate?
expected a majority to act like men who will not permit a minority Wife described the calamity as
Fortas' case is different from Rutledge's. Now the honor of our
!`the loss of a life's work."
•
*
*
country is involved. The Washington Post, for example, likened the
Fortas case to the experience in President Woodrow Wilson's appoint-
ment of the first Jew to the Supreme Court—that of Louis D. Brandeis. Bnai Brith's 125th Anniversary: A Significant Event -on Our Calendar
It stated:
An important anniversary will be marked here by Jewish communities and tthroughout the free
"Mr. Brandeis was the first Jew ever named to sit on the Supreme world, this Sunday. Taking account of the 125th birthday of the Bnai Brith, not only those who are affili-
Court; Mr. Fortas is the first Jew to be named as Chief Justice of ated with the fraternal order but all Jews will join in honoring a great movement.
the U.S. Both men were extraordinarily successful and distinguished
In the long life of the organization, Bnai Brith has
nevertheless been .a cause for the youth as
in private practice . . . (and) championing extremely controversial well as their elders. It
has retained faith in Jewish existence and has foUght for it. It has organized civic-
litigants in outstanding public causes. Both men were exponents of protestive activities
and has fought for justice for all and for equal; • rights for Jews wherever they
social and juridical philosophies outrageous to the legal and political were oppressed.
mossbacks of their time."
The Washington Post thereupon pointed to the attempts by oppon-
Thiough the Anti-Defamation League, Bnai Brith has conducted a valiant battle for justice in
ents of Justice Brandeis to injure his reputation by questioning his this country. Hillel Foundation of Bnai Brith aims to cement the loyalties of college youth to their
Jewish heritage. The Bnai Brith youth movements have been effective.
ency Protects
Fired Orthodox
Sabbath Observer
2—Friday, October 11, 1968
THE DETROIT JEWISH NEWS
In' more than 40 countries, including Israel, Bnai Brith functions with dignity and with dedication.