10.1: Papers re Nomination and Confirmation 1968-1971

Scope and content:

Powell had been considered for a position on the Supreme Court prior to his actual appointment. Thus, Series 10.1 Papers re Nomination and Confirmation, 1968-1971; 4 cu. ft., begins three years prior to his joining the Court. Subseries 10.1.1 Pre-appointment includes both general correspondence about the consideration of Powell as a candidate for the Court, and papers related to Powell's advocacy on behalf of Clement F. Haynsworth, Jr. for Supreme Court appointment in 1969.

The correspondence includes letters to Powell urging him to accept a nomination if offered and Powell's consistent reply that he did not want this position. There are also copies of letters that supporters had sent to President Nixon urging Powell's appointment. Included here is Powell's December 12, 1969 letter to Attorney General John N. Mitchell stating that he did not want to be considered for the Supreme Court.

The Haynsworth materials consist primarily of Powell correspondence attempting to rally support for the confirmation. The materials also include letters to legislators who had announced their opposition to Haynsworth's nomination in an attempt to change their minds.

The remainder of this series deals with Powell's October 1971 nomination and his December 1971 Senate confirmation hearings. Included here are subseries of correspondence, memoranda, subject files, printed materials and clippings.

The correspondence includes categories of: general correspondence; congratulatory correspondence for both nomination and confirmation; letters of endorsement; resignations from corporate boards following confirmation; and crank letters. The letters of endorsement, and the memoranda concerning these letters, document the extent to which Orison Marden, Ross Malone, and Whitney North Seymour--like Powell, all ABA past presidents-- organized the state-by-state solicitation of letters supporting Powell's nomination from members of the bar.

The memoranda include general memos and others on such subjects as the letters of endorsement and Powell's personal data statement. The data statement file contains both Joe Carter's reply to Attorney General Mitchell's request for information on Powell, and Powell's reply to Counsel to the President John W. Dean, III's questionnaire. Attachments listing corporate clients and detailing personal finances are also here. Later additions to this series are two separate Powell retrospectives (1975 and 1981) recounting the events leading to his nomination and his halting acceptance.

The subject files contain evidence of the thoroughgoing preparation made by Powell and his team of Hunton & Williams attorneys (primarily Joe Carter, George C. Freeman, Jr., John Shenefield and Allen Goolsby) in preparation for the Senate confirmation hearings. Powell and his team gathered and disseminated endorsements; prepared memoranda on anything in Powell's background that might come under close Senate scrutiny; and sought advice concerning the restructuring of Powell's investments.

The printed materials are two copies of the published transcripts of the Rehnquist and Powell confirmation hearings. A foot-and-a-half of clippings about Powell's nomination and confirmation complete this series.

Access and use

Contents