Schizoid Day: Nixon, Race, and Civil Rights

Nixon and the Supreme Court (Schoen 33-36):

William H. Rehnquist		Harlan		Oct 22, 1971		68-26  No.  450		C		Dec 10, 1971
Lewis F. Powell, Jr.		Black		Oct 22, 1971		89-1  No.  439		C		Dec 6, 1971
Harry Blackmun		Fortas		Apr 15, 1970		94-0  No.  143		C		May 12, 1970
G. Harrold Carswell		Fortas		Jan 19, 1970		45-51  No.  122		R		Apr 8, 1970
Clement Haynsworth, Jr.		Fortas		Aug 21, 1969		45-55  No.  154		R		Nov 21, 1969
Warren Burger3		Warren		May 23, 1969		74-3  No.  35		C		Jun 9, 1969

In 1971 a corporate lawyer writes a memo to his friend, the head of the US Chamber of Commerce, calling for a conservative counter-establishment.

American business and the enterprise system have been affected as much by the courts as by the executive and legislative branches of government. Under our constitutional system, especially with an activist-minded Supreme Court, the judiciary may be the most important instrument for social, economic and political change.

Other organizations and groups, recognizing this, have been far more astute in exploiting judicial action than American business. Perhaps the most active exploiters of the judicial system have been groups ranging in political orientation from “liberal” to the far left.

The American Civil Liberties Union is one example. It initiates or intervenes in scores of cases each year, and it files briefs amicus curiae in the Supreme Court in a number of cases during each term of that court. Labor unions, civil rights groups and now the public interest law firms are extremely active in the judicial arena. Their success, often at business’ expense, has not been inconsequential.

This is a vast area of opportunity for the Chamber, if it is willing to undertake the role of spokesman for American business and if, in turn, business is willing to provide the funds.
As with respect to scholars and speakers, the Chamber would need a highly competent staff of lawyers. In special situations it should be authorized to engage, to appear as counsel amicus in the Supreme Court, lawyers of national standing and reputation. The greatest care should be exercised in selecting the cases in which to participate, or the suits to institute. But the opportunity merits the necessary effort.

But, but, but.... "You will be better advised to watch what we do instead of what we say"  -- John N. Mitchell (Schoen p. 26)

Nixon desegregates schools








Affirmative Action:  EO 11478


Shelby Steele (CMC P `96!) interviews George Shultz:








And for a "Holy Crap!" moment, read the 1972 GOP platform plank on equal rights for women:

In addition we have:
...
Required all firms doing business with the Government to have affirmative action plans for the hiring and promotion of women;

Requested Congress to expand the jurisdiction of the Commission on Civil Rights to cover sex discrimination;

Recommended and supported passage of Title IX of the Higher Education Act opposing discrimination against women in educational institutions;

Supported the Equal Employment Opportunity Act of 1972 giving the Equal Employment Opportunity Commission enforcement power in sex discrimination cases;

Continued our support of the Equal Rights Amendment to the Constitution, our Party being the first national party to back this Amendment.

Other factors beyond outright employer discrimination—the lack of child care facilities, for example—can limit job opportunities for women. For lower and middle income families, the President supported and signed into law a new tax provision which makes many child care expenses deductible for working parents. Part of the President's recent welfare reform proposal would provide comprehensive day care services so that women on welfare can work.
...
To continue progress for women's rights, we will work toward:

Ratification of the Equal Rights Amendment; Appointment of women to highest level positions in the Federal Government, including the Cabinet and Supreme Court;

Equal pay for equal work;

Elimination of discrimination against women at all levels in Federal Government;

Elimination of discrimination against women in the criminal justice system, in sentencing, rehabilitation and prison facilities;

Increased opportunities for the part time employment of women, and expanded training programs for women who want to reenter the labor force;

Elimination of economic discrimination against women in credit, mortgage, insurance, property, rental and finance contracts.

We pledge vigorous enforcement of all Federal statutes and executive orders barring job discrimination on the basis of sex.