Law Professors Suggest Successors for Jackson
Consider Judge John Harlan of New York Among Leading Candidates for Court
Leading members of the Law School pin-pointed newly named New York Federal Court of Appeals Judge John Harlan, as the most likely candidate for appointment to the vacancy in the United States Supreme Court.
Other leading possibilities seem to be Judge David W. Peck Ll.B. '25 of the New York State Supreme Court and Judge Oris Phillips, also of the Federal Court of Appeals. The Law professor point out, however, that it was extremely difficult to know exactly who would be chosen to fill the post vacated by the death of Justice Robert Jackson.
The professors are relatively certain that the appointee will come from the New York region and that he will not be a politician.
"Eisenhower has adopted the mistaken standard of taking a Colonel and promoting him to a General," Mark DeWolfe Howe '28, professor of Law, pointed out. "He can't do anything to anger the Democrats, so he will have to pass over such top men as Dewey and Dulles."
Howe pointed out that under such circumstances, Phillips is a "good man. He is perfectly reputable and aging and he plays golf with Eisenhower."
Arthur E. Sutherland, professor of Law, approved the prospective choice of a judge from a lower court. "The Supreme Court is 180 degrees away from politics," he stated. "And there are any number of men who are already judges, who would make fine choices."
The professors pointed out that the appointee would almost certainly live in New York because the last Justice Jackson was a New Yorker, and the Supreme Court has almost invariably included at least one member from that state.
Paul A. Freund, Charles Stebbins Fairchild Professor of International Law, thought Harlan to be a slightly stronger candidate than Peck or Phillips. "His grandfather was on the Supreme Court, you know," he said. "If I were making a bet I'd place it on Harlan."
Howe considered Judge Harold A. Medina of New York, who presided at the lengthy Communist trials two years ago and who has been mentioned as a successor to Jackson, "a dreadful choice." Zechariah Chafee, Jr., University Professor, agreed. "I would certainly be disappointed if Medina was selected."
They discounted repeated rumors that Eisenhower would appoint a defeated Republican Senator. "Homer Ferguson of Michigan would be absolutely disastrous," Howe said, commenting on one rumored candidate for the court.
"Erwin Griswold should be put on the Court," Howe stated, referring to the head of the Harvard Law School, "but he won't be. Ike will go along with some safe elderly statesman."