Clement Haynsworth

Clement Furman Haynsworth Jr. (October 30, 1912 – November 22, 1989) was a United States Circuit Judge of the United States Court of Appeals for the Fourth Circuit and an unsuccessful nominee for the United States Supreme Court.

Clement Haynsworth
Senior Judge of the United States Court of Appeals for the Fourth Circuit
In office April 6, 1981 – November 22, 1989
Chief Judge of the United States Court of Appeals for the Fourth Circuit
In office December 3, 1964 – April 6, 1981
Preceded by	Simon Sobeloff
Succeeded by	Harrison Lee Winter
Judge of the United States Court of Appeals for the Fourth Circuit
In office April 4, 1957 – April 6, 1981
Appointed by	Dwight D. Eisenhower
Preceded by	Armistead Mason Dobie
Succeeded by	Robert F. Chapman
Personal details
Born	Clement Furman Haynsworth Jr. October 30, 1912 Greenville, South Carolina
Died	November 22, 1989 (aged 77) Greenville, South Carolina
Education	Furman University (AB) Harvard Law School (LLB)

Education and career

Born on October 30, 1912, in Greenville, South Carolina, Haynsworth received an Artium Baccalaureus degree in 1933 from Furman University and a Bachelor of Laws in 1936 from Harvard Law School. He entered private practice in Greenville from 1936 to 1942. He served in the United States Navy from 1942 to 1945. He returned to private practice in Greenville from 1945 to 1957.[1]

Federal judicial service

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

Unsuccessful Supreme Court nomination

On August 21, 1969, President Richard Nixon nominated Haynsworth to be an Associate Justice of the United States Supreme Court. He was proposed to succeed liberal justice Abe Fortas, who had resigned over conflict of interest charges.[3]

Haynsworth was opposed by a coalition of Democrats (possibly in retaliation for the Republicans' rejection of Fortas as Chief Justice),[3] Rockefeller Republicans, and the NAACP. He was alleged to have made court decisions favoring segregation and of being reflexively anti-labor. Democratic United States Senator Philip Hart of Michigan said that Haynsworth's decisions on civil rights and labor/management were "unacceptable," while Republican Senator Marlow Cook of Kentucky 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".[4][lower-alpha 1]

Controversy erupted over his rulings affirming the decision by local authorities to close the Prince Edward County schools to avoid integration, upholding the constitutionality of school voucher programs used to fund segregated private schools and supporting the management of the Darlington Manufacturing Company in South Carolina over its closing of the factory allegedly over unionisation.[2]

Haynsworth was also accused of ruling in cases in which he had a financial interest, although this claim was never proved. Haynsworth was later termed a "moderate" who was "close in outlook" to John Paul Stevens, a 1975 nominee of President Gerald R. Ford, Jr.[3] Haynsworth's nomination was defeated by a vote of 55 to 45 on November 21, 1969. Nineteen Democrats – of whom only Mike Gravel of Alaska represented a state outside the South – and 26 Republicans voted for Haynsworth while 38 Democrats and seventeen Republicans voted against the nomination.[6] Haynsworth was the first Supreme Court nominee to be defeated by the Senate since the rejection of Judge John J. Parker (also of the Fourth Circuit) in 1930. Nixon then nominated G. Harrold Carswell, who was also rejected by the Senate. Nixon eventually nominated Harry Blackmun, who was confirmed by the Senate.

Honor

The Clement F. Haynsworth Jr. Federal Building in Greenville was renamed in his honor.[7]

Notes

1. Alongside Winston L. Prouty of Vermont, Hiram Fong of Hawaii, Mike Gravel of Alaska, William Belser Spong of Virginia and James William Fulbright of Arkansas, Cook was one of only six Senators who voted for Haynsworth but not for G. Harrold Carswell,[5] who was to become Nixon’s second Supreme Court nominee rejected by the Senate.

References

1. Clement Furman Haynsworth Jr. at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.
2. Narvaez, Alfonso A. (1989-11-23). "Clement Haynsworth Dies at 77; Lost Struggle for High Court Seat". The New York Times. ISSN 0362-4331. Retrieved 2019-07-11.
3. David A. Kaplan (1989-09-04). "The Reagan Court - Child of Lyndon Johnson?". The New York Times. Retrieved 2008-10-20.
4. http://www.upi.com/Audio/Year_in_Review/Events-of-1969/War-Protests/12303189849225-3/#title "Supreme Court: 1969 Year in Review," UPI.com
5. "TO CONSENT TO THE NOMINATION OF GEORGE HARROLD CARSWELL TO BE AN ASSOCIATE JUSTICE OF THE SUPREME COURT". VoteView.
6. "TO ADVISE AND CONSENT TO NOMINATION OF CLEMENT HAYNESWORTH, JR. TO BE AN ASSOCIATE JUSTICE OF THE SUPREME COURT". VoteView.
7. Susan Clary (1983-05-04). "Building Named in Honor of Haynsworth". The Greenville News. Retrieved 2019-01-02.

Sources

• Clement Furman Haynsworth Jr. at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.

External links

• Ron Schuler's Parlour Tricks: Clement Haynesworth