There was also the cause for concern because the Nixon case,
if taken (the Court, after all, could have allowed the court of
appeals to render judgment and then not have granted certiorari), it would ultimately lead the brethren to raise, once again,
some fundamental questions about constitutional principles.
These issues, for example, separation of powers and the scope
of judicial review, lay at the heart of the legal controversy surrounding the Nixon case. It was a controversy the justices of
the Court were shortly to enter.
Michael A. Genovese, "Richard M. Nixon and the Politicization
of Justice," Paper Presented at the September 1987 American Political
Science Association Annual Meetings, p. 25.
Quoted in Congressional Quarterly Almanac ( Washington, D.C.: Congressional Quarterly Press, 1969), p. 130.
Gerald Gunther, "Judicial Hegemony and Legislative Autonomy", UCLA Law Review, 22, no. 30 ( 1974), at 33.
Nixon quoted in Paul McCloskey, Jr., Trust and Untruth: Political
Deceit In America ( New York: Simon and Schuster, 1972), p. 189.
Genovese, "Richard M. Nixon", p. 26.
James F. Simon, In His Own Image: The Supreme Court in Richard
Nixon's America ( New York: David McKay and Co., 1974), p. 18.
See Bernard Schwartz excellent book, Packing The Court: The
Conservative Campaign to Rewrite the Constitution ( New York: Charles
Scribners Sons, 1988). It examines the Reagan administration's efforts
to place on the federal bench men and women who shared the administration's political and social agenda.
See, generally, Richard Harris, Decision ( New York: E. P. Dutton, 1971), for an excellent analysis of the Haynesworth-Carswell failed
See, generally, Bruce Allan Murphy, Fortas: The Rise and Ruin of
a Supreme Court Justice ( New York: William Morrow, 1988).
See, generally, Vincent Blasi, The Burger Court ( New Haven: Yale
University Press, 1984).
Paul A. Freund, "Forward: On Presidential Privilege", Harvard
Law Review 88 ( November 1974).
Burger quoted in Robert Woodward and
Scott Armstrong, The
Brethren: Inside the Supreme Court (Simon and Schuster, 1979), pp. 286-
Questia, a part of Gale, Cengage Learning. www.questia.com
Book title: "We Have a Duty":The Supreme Court and the Watergate Tapes Litigation.
Contributors: Howard Ball - Author, Paul L. Murphy - Editor.
Publisher: Greenwood Press.
Place of publication: New York.
Publication year: 1990.
Page number: 57.
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