"We Have a Duty": The Supreme Court and the Watergate Tapes Litigation

By Howard Ball; Paul L. Murphy | Go to book overview

Exhibit 5.4 Supreme Court Journal: Petition for Writ of Certiorari in U.S. v. Nixon (1974)

(JOUNRAL) FRIDAY, MAY 31, 1974 591

SUPREME COURT OF THE UNITED STATES

Present: "Mr. Chief Justice Burger. Mr. Justice Douglas, Mr. Justice Brennan, Mr. Justice Stewart. Mr. Justice White, Mr. Justice Marshall, Mr. Justice Blackmun, Mr. Justice Powell, and Mr. Justice Rehnquist.

CERTIORARI GRANTED

No. 73-1766. United States, petitioner, c. Richard M. Nixon. President of the United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit and motion for an expedited schedule granted. The parties shall exchange and file briefs by 1:00 p.m. on June 21 and any responsive brief shall be filed by July 1, 1974. Oral argument is set for July 8, 1974, at 10:00 a.m. Each party is allowed one hour for argument. Mr. Justice Rehnquist took no part in the consideration or decision of this motion and petition.

x

political agony which the country was undergoing." 29 Immediately after the May 31, 1974 decision, the brethren then had to confront the fluidity of judicial choice in a case involving the very essence of presidential power. Contrary to contemporary accounts of the Supreme Court's internal activities surrounding Nixon, 30 it was not an easily resolved nor an easily written opinion.


NOTES
1.
Congressional Quarterly, Watergate: Chronology of a Crisis ( Washington, D.C.: Congressional Quarterly Press, 1975), p. 619.
2.
Robert Woodward and Scott Armstrong, The Brethren: Inside the Supreme Court ( New York: Simon and Schuster, 1979), p. 290.
3.
Leon Jaworski, The Power and the Right: The Prosecution of Watergate ( New York: Reader's Digest Press, 1976), p. 148.

-91-

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"We Have a Duty": The Supreme Court and the Watergate Tapes Litigation
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Exhibits ix
  • Preface xi
  • 1 - The Supreme Court in the Political System 1
  • Notes 13
  • 2 - The Watergate Scandal Unfolds 21
  • Notes 34
  • 3 - The Supreme Court in 1974: Personae, Process, and Politics 39
  • Notes 57
  • 4 - The Critical Issues: Separation of Powers, Executive Privilege, and Judicial Review (revisited) 61
  • Notes 69
  • 5 - U.S. V. Nixon, I: The Duty to Hear the Case 73
  • Notes 91
  • 6 - U.S. V. Nixon, Ii: Written Briefs and Oral Arguments 95
  • Notes 106
  • 7 - U.S. V. Nixon, Iii: The Substantive Debate Among the Brethren 111
  • Notes 137
  • 8 - Executive Privilege: The Court's Fashioning of an Inherent Presidential Power 143
  • Notes 150
  • Selected Bibliography 153
  • Index 161
  • About the Author 165
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