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Clement Haynsworth

From Wikipedia, the free encyclopedia
American judge
Clement Haynsworth
Haynsworth in 1973
Senior Judge of theUnited States Court of Appeals for the Fourth Circuit
In office
April 6, 1981 – November 22, 1989
Chief Judge of theUnited States Court of Appeals for the Fourth Circuit
In office
December 3, 1964 – April 6, 1981
Preceded bySimon Sobeloff
Succeeded byHarrison Lee Winter
Judge of theUnited States Court of Appeals for the Fourth Circuit
In office
April 4, 1957 – April 6, 1981
Appointed byDwight D. Eisenhower
Preceded byArmistead Mason Dobie
Succeeded byRobert F. Chapman
Personal details
BornClement Furman Haynsworth Jr.
(1912-10-30)October 30, 1912
DiedNovember 22, 1989(1989-11-22) (aged 77)
Greenville, South Carolina, U.S.
EducationFurman University (BA)
Harvard University (LLB)

Clement Furman Haynsworth Jr. (October 30, 1912 – November 22, 1989) was aUnited States circuit judge of theUnited States Court of Appeals for the Fourth Circuit. He was also anunsuccessful nominee for theUnited States Supreme Court in 1969.

Education and career

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Born on October 30, 1912, inGreenville,South Carolina, Haynsworth received anArtium Baccalaureus degree in 1933 fromFurman University and aBachelor of Laws in 1936 fromHarvard Law School. He entered private practice in Greenville from 1936 to 1942. He served in theUnited States Navy from 1942 to 1945. He returned to private practice in Greenville from 1945 to 1957.[1]

Federal judicial service

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Haynsworth was nominated by PresidentDwight D. Eisenhower on February 19, 1957, to a seat on theUnited States Court of Appeals for the Fourth Circuit vacated by JudgeArmistead Mason Dobie. He was confirmed by theUnited States Senate on April 4, 1957, and received a commission the same day. He served as Chief Judge and a member of theJudicial Conference of the United States from 1964 to 1981. He assumedsenior status on April 6, 1981, until his death on November 22, 1989, in Greenville, South Carolina.[1][2]

Unsuccessful Supreme Court nomination

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A pro-Haynsworth protester, 1970

On August 21, 1969, PresidentRichard Nixon nominated Haynsworth to be an associate justice of theUnited States Supreme Court on the recommendation of South Carolina Democratic Sen.Fritz Hollings.[3][4] He was proposed to succeed associate justiceAbe Fortas, who had resigned over conflict of interest charges.[5]

Haynsworth was opposed by a coalition ofDemocrats (possibly in retaliation for the Republicans' rejection of Fortas as Chief Justice),[5]Rockefeller Republicans, and theNAACP. He was alleged to have made court decisions favoringsegregation and of being reflexively anti-labor. DemocraticUnited States SenatorPhilip Hart said that Haynsworth's decisions oncivil rights and labor/management were "unacceptable", while Republican SenatorMarlow Cook argued that Haynsworth was being "subjected to a character assassination that is unjustified". Cook argued that Haynsworth was "a man of honesty and a man of integrity".[6][a]

Controversy erupted over his rulings affirming the decision by local authorities to close thePrince Edward County schools to avoid integration, upholding the constitutionality of school voucher programs used to fund segregated private schools and supporting the management of theDarlington Manufacturing Company in South Carolina over its closing of the factory allegedly over unionization.[2] Haynsworth was also accused of ruling in cases in which he had a financial interest, although this claim was never proved.[5]

On October 9, 1969, after seven days of testimony the previous month, the Senate Judiciary Committee voted 10–7 to report the nomination to the full Senate with a favorable recommendation. Haynsworth's nomination was defeated by a 45–55 vote on November 21, 1969.[8][4] Nineteen Democrats – of whom onlyMike Gravel ofAlaska represented a state outside the South – and 26 Republicans voted for Haynsworth while 38Democrats and 17Republicans voted against the nomination.[9] Haynsworth was the first Supreme Court nominee to be defeated by the Senate since the rejection of JudgeJohn J. Parker (also of the Fourth Circuit) in 1930. Nixon then nominatedG. Harrold Carswell, who was also rejected by the Senate. Nixon eventually turned toHarry Blackmun, who was confirmed by the Senate.

Honor

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TheClement F. Haynsworth Jr. Federal Building in Greenville was renamed in his honor.[10]

Notes

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  1. ^AlongsideWinston L. Prouty,Hiram Fong, Mike Gravel,William Belser Spong andJames William Fulbright, Cook was one of only six Senators who voted for Haynsworth butnot forG. Harrold Carswell,[7] who was to become Nixon’s second Supreme Court nominee rejected by the Senate.

References

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  1. ^abClement Furman Haynsworth Jr. at theBiographical Directory of Federal Judges, a publication of theFederal Judicial Center.
  2. ^abNarvaez, Alfonso A. (1989-11-23)."Clement Haynsworth Dies at 77; Lost Struggle for High Court Seat".The New York Times.ISSN 0362-4331. Retrieved2019-07-11.
  3. ^"Democrat Slated for Court," Washington Post, Aug. 13, 1969
  4. ^abMcMillion, Barry J. (January 28, 2022).Supreme Court Nominations, 1789 to 2020: Actions by the Senate, the Judiciary Committee, and the President(PDF) (Report). Washington, D.C.: Congressional Research Service. RetrievedFebruary 15, 2022.
  5. ^abcDavid A. Kaplan (1989-09-04)."The Reagan Court - Child of Lyndon Johnson?".The New York Times. Retrieved2008-10-20.
  6. ^"War Protests - 1969 Year in Review - Audio - UPI.com".UPI. Retrieved2022-06-30.
  7. ^"TO CONSENT TO THE NOMINATION OF GEORGE HARROLD CARSWELL TO BE AN ASSOCIATE JUSTICE OF THE SUPREME COURT". VoteView.
  8. ^"Senate"(PDF).Congressional Record.115 (26) (Bound ed.).U.S. Government Printing Office: 35396. November 21, 1969. RetrievedFebruary 6, 2022.
  9. ^"TO ADVISE AND CONSENT TO NOMINATION OF CLEMENT HAYNESWORTH, JR. TO BE AN ASSOCIATE JUSTICE OF THE SUPREME COURT". VoteView.
  10. ^Susan Clary (1983-05-04)."Building Named in Honor of Haynsworth".The Greenville News. Retrieved2019-01-02.

External links

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Preceded byJudge of theUnited States Court of Appeals for the Fourth Circuit
1957–1981
Succeeded by
Preceded byChief Judge of theUnited States Court of Appeals for the Fourth Circuit
1964–1981
Succeeded by
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