University of Virginia Library

University Law Professors Comment
On New Nominees For Supreme Court

By FEN MONTAIGNE

Lewis Powell has "no peer in the
country", said Neil H. Alford, professor
at the University's Law School,
commenting on President Nixon's recent
Supreme Court nominations.

Richard Lillich, a Law School professor,
stated that the consensus is that "Powell is

distinguished and acceptable", but he's
"certainly not what a liberal would like."

As could be expected the nominations of
Lewis Powell and William Rehnquist to the
Supreme Court caused widely varied reactions
among professors of the University's Law
School.

Mr. Lillich, a specialist in International Law,
was the most outspoken critic of President
Nixon's two nominees. Mr. Lillich said that he
was not overjoyed with the choice of William
Powell and that he was strongly opposed to the
nomination of William Rehnquist.

"Unacceptable"

Though Mr. Lillich said that he was not
happy with the choice of Mr. Powell, he said he
was in a way relieved that Mr. Powell was
chosen instead of the other five nominees that
the President was considering. "It's too bad
that he had to be placed sixth behind those
other bums."

"I am totally opposed to Rehnquist", said
Mr. Lillich. "Though he has the academic
background, he is unacceptable."

Mr. Lillich said that he felt that the position
Mr. Rehnquist has taken on such issues as wiretapping
and the D.C. Crime Bill have shown
him to be in support of recent government
moves to infringe upon individual's rights.

Mr. Rehnquist has in the past been in favor
of the liberal use of wiretapping, Mr. Lillich
said. Mr. Rehnquist also supported the D.C.
Crime Bill. The D.C. Crime Bill contains
provisions such as "No Knock" and
"Preventative Detention" he continued.

"Out Of Step"

"Rehnquist just a mere image of Attorney
General Mitchell", said Mr. Lillich. "Would you
be happy to have Mitchell on the Court? In fact
its worse, because Mitchell would die in twenty
years", he said.

He continues, "Rehnquist is one of these
young nervous intense types, that feels he has
received the wisdom. He makes me nervous...He
approaches his constitutional law with a
feeling of infallibility ...Rehnquist is completely
out of step."

Mr. Alford stated that, "Overall, I'm
extremely pleased with these appointees."
Although he didn't know Mr. Rehnquist, he
said he felt that he was "well qualified."

Solid Background

Mr. Alford said, "Mr. Powell is the best
individual in terms of balance and mental
resources...He's just the kind of element that
ought to be on the court...Mr. Powell is first
rate."

In contrast to Mr. Lillich, Mr. Alford was
pleased that President Nixon had chosen two
conservatives for the court.

Mr. Alford said that he felt that the
Supreme Court has over the past few years,
greatly extended the rights of the accused
criminals. He said he believes that Mr. Powell
and Mr. Rehnquist will put an end to this trend.

Daniel J. Meador has in the past been a clerk
to Justice Hugo Black and Dean of the
University of Alabama Law School. Mr. Meador
said that a Supreme Court Justice must possess
a strong intellect, a spaciousness of outlook and
a solid legal background.

Confirmation Support

He said in his opinion, both Mr. Rehnquist
and Mr. Powell fulfilled all three of these
qualifications. "From what I know", said Mr.
Meador. "I think they should be confirmed."

Peter Low, professor of Constitutional Law
and at one time a clerk for Chief Justice Earl
Warren, said that he didn't personally know Mr.
Rehnquist, but it appeared that his
qualifications were "in the Ball Park". He said
that "the fact that Mr. Rehnquist is an
advocate of Mr. Nixon's policies doesn't
necessarily mean that he will act that way on
the Court."

Mr. Low said, I think he's a first rate
lawyer...He doesn't bring his political
prejudices into the analysis of an argument. I
think there is a lot of virtue in that".

He continues, "you want people on the
court who are dogmatic. You need people who
listen and Powell does just that."

Mr. Low presented the questions "Given
the fact that the President is going to appoint
conservative judges, then can we do any better?
As far as Powell is concerned, I would say no.
As far as Rehnquist is concerned I must say
that I don't know."