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Law Faculty Letter Hits Nixon Choice

By Mark H. Odonoghue

Twenty-five Law Faculty members have added their own statement to the widespread opposition of the legal profession to the nomination of G. Harrold Carswell to the Supreme Court.

Their letter-which appeared in yesterday's Boston Globe -said that "confirmation of Judge Carswell would place on the Supreme Court a man of, at very best, shaky commitment to constitutional principles which are of the gravest importance to our country."

Citing Carswell's speech in 1948 supporting white supremacy, the letter said that "at the minimum such a statement should require its author to evidence a rejection of his earlier views, a present commitment to uphold principles of equality which . . . have come to form part of the law of our land.

"Rather, we find continuing evidence of his adherence to the racist views expressed in 1948," the letter said.

The letter-which was sent to each Senator and a number of newspapers-does not contradict "the prerogative of the President to seek a 'balanced' Court," Henry J. Steiner, professor of Law and one of the two drafters of the letter, said yesterday.

"We would not expect every judge to be a Black, Douglas, or Warren, but in a time when the Court is facing constitutional issues of a crucial nature, we would think that this is a very poor way to reach that goal," he said.

A number of the faculty members signing the letter also joined over 400 prominent lawyers last week in urging the Senate to reject Carswell's nomination on the basis of his "racist" statements and lack of legal distinction.

Derck C. Bok, dean of the Law School, appeared at a news conference last weekwith two other law school deans to announce the release of the letter and speak against President Nixon's nominee.

Steiner said yesterday that the letter was circulated in great haste. "At that time it was unclear how soon the Senate would be debating this issue and we only had about five hours to circulate the letter for faculty signatures." he said.

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