Schlesinger Says Kennedy Intended To Name Freund and Cox to Court
President Kennedy intended to appoint two Harvard Law School professors to the U.S. Supreme Court. Arthur M. Schlesinger Jr. '38, says in his book A Thousand Days, which was published yesterday.
Schlesinger says Paul Freund, Carl M. Loeb University Professor, was a leading candidate when the resignation of Charles Whittaker caused a vacancy on the court in March, 1962. But Schlesinger quotes Kennedy as saying. "I didn't want to start off with a Harvard man and a professor; we've taken so many Harvard men that it's damn hard to appoint another."
When Felix Frankfurter resigned in the summer of 1962. Schlesinger says Kennedy "inclined at first towards Freund" to replace him. Robert Kennedy '48, then attorney-general, urged the President to consider Archibald Cox, then solicitor-general and has since returned to Harvard as professor of Law. "Unhappy about choosing between these two men of high ability and comparable backgrounds" Kennedy instead appointed Arthur Goldberg, now ambassador to the United Nations.
At the time of Whittakekr's resignation, Schlesinger said Kennedy told him "I figure I will have several more appointments before I am through, and I intend to appoint Paul Freund. Arthur Goldberg and Bill Hastie." Hastie is a Negro judge serving on the U.S. Third Circuit Court of Appeals. After Goldberg was appointed instead of Cox or Freund. Kennedy repeated. "I think we'll have appointments enough for everybody."