Neal, Amy, Christine

1. Clement F. Haynsworth, Jr.“He was a verray, parfit gentil knight.”Prologue to the Canterbury Tales Neal, Amy, Christine

2. Biography • Born in Greenville, SC, on October 30,1912 • Attended Greenville High School and Darlington School in Rome, Georgia • Graduated from Furman University and received his law degree from Harvard Law School in 1936 • After law school, he entered the firm of Haynsworth and Haynsworth in Greenville as a fifth generation lawyer. This tradition originated in 1813. • Served in Naval Intelligence in WWII, with the Amphibious Forces, Pacific Fleet

3. Biography con’t. • Named to the Board of Directors of the first United Fund Organization in Greenville • He was the VP of SC State Chamber of Commerce • Married to “Miss Dorothy” for forty-three years. • Died November 22, 1989

4. Judicial Experience • Nominated in 1957 by President Eisenhower for the Fourth Circuit Court of Appeals • Friends of the Eisenhowers and John J. Parker, Chief Justice of the Circuit Courts • He was the youngest judge selected for the Fourth Circuit Court, and was the first South Carolinian since 1923. • “A number of distinguished justices have been members of this court, and I can’t help feeling humble over my selection.” Haynsworth

5. Federal Court Cases • Atwell vs. Retail Credit Co. (Fourth Circuit, 1970) • Libel/Slander Case • The other two judges had originally voted for the plaintiff and a majority opinion was prepared that Judge Haynsworth thought was dishonest. As a result he wrote a long opinion that showed the flaws in the majority. • After his opinion was publicized the other two judges changes their votes, and the judges came to a unanimous decision. • Ralph vs. Warden (Fourth Circuit, 1971) • Habeas Corpus • Man sentenced to death on a rape conviction • Panel decided that the death sentence was unconstitutional. • Explained factors involved in the case that justified the result without requiring wholesale supervision of state courts by federal courts

6. Federal Court Cases Con’t • Tillman vs. Wheaton-Haven (Fourth Circuit 1971) • This was a controversial case involving a group of Maryland residents who formed an association and built a member’s only swimming pool. They did not admit blacks to membership and were sued under the 1964 Civil Rights Act. • Judge Haynsworth felt strongly that the public accommodation in the federal law did not cover a private membership organization. However, he did feel that the anti-discrimination law probably did. • Haynsworth explained the limits of the federal court and suggested that the plaintiff sue under the state court instead. • Haynsworth believed that the Supreme Court believed that the Supreme Court would eventually overturn his decision, but they did not.

7. The Supreme Court Affair • In 1969, President Nixon nominated Judge Haynsworth to the Supreme Court after the resignation of Justice Abe Fortas. • It took 180 days to make the decision, after which the nomination was defeated on the Senate floor, 55-45. • Three of the Four Senate Republican leaders voted against Haynsworth.

8. The Supreme Court Affair con’t. • Nixon did not clear his nomination with politicians or the American Bar Association. • If Haynsworth would have been appointed the bench would have been without a Jewish justice for the first time in many years. • Haynsworth was President Nixon’s second Supreme Court nomination. He had also nominated Chief Justice Warren E. Burger the previous June.

9. Quotes about the Supreme Court Affair • “The historic confrontation over a Supreme Court seat was a vivid demonstration of the uses of power in Washington and of pressure tactics in American politics.” John L. Steele “Once you are so openly exposed in the public eye-undress so to speak to the extent that I was-and the end result is a very warm response from most people, it helps to renew ones faith in the American people as a whole. It gave me a stronger bases for hope for the future than I think I had before. That was an immediate result of all this it made the blood in my hair wash out much more quickly than I thought it would at the time I was being beaten on the head. I went through in experience which was searing at the time, but I think I am no less a man for that; I hope I am a bigger man for it.” Judge Haynsworth

10. Interview with Claude Tison • How long were you acquainted with Judge Haynsworth? • “I was an employee from July 1968 to August 1971. The first two years I was a staff clerk with the Fourth Circuit Court, and the last year I was a personal law clerk working in Greenville. After becoming a lawyer, I kept in close contact with Judge Haynsworth.” • What did you learn from Judge Haynsworth? • “I think what I principally learned from him was his standard of excellence in everything he did. He wanted his opinion to be perfectly clear without a trace of uncertainty as to the reason a case was decided the way it was.” • What were Judge Haynsworth’s views about the legal system? • “He believed wholeheartedly in the English and American system of common law, where law changes only incrementally and in response to specific facts, forcing judges to confront gaps in the system and struggle to fill them in a way consistent with what has gone on before.”

11. Clement F. Haynsworth Greenville High to Grave

12. CREDITS • Power point presentation • Amy, Neal, Christine • Research • Amy • Pictures • Neal • Interview • Christine

13. Bibliography • SC room Greenville County Library • Information on the Supreme Court Affair, bibliography, judicial experience • Springwood Cemetery • Pictures • Tison, Claude • Court cases and interview • www.scd.uscourts.gov/Court/Greenville.asp • Picture of Haynsworth building • www.law.sc.edu/memory/haynswjr.htm • More biography information • Greenville High Wall of Fame • Picture and background information