Nearly a century after a former Confederate took the bench, Republican candidate Richard Nixon ran for president using a “Southern strategy,” as well as an emphasis on law-and-order politics, to woo white southern Democrats who were upset with Lyndon B. Johnson’s support for civil rights legislation. After winning the presidency in 1968, Nixon nominated two men for the Supreme Court who each had a history of supporting segregation.
The first one, Clement Haynsworth Jr., had supported a decision by Prince Edward County, Virginia—the county in which one of the five class-action suits incorporated into Brown v. Board of Education was filed—to close schools rather than integrate them. Civil rights and labor activists criticized his record, and pointed out that he had a financial conflict of interest in one of the cases he’d decided. This was especially troubling for the Democrat-controlled Senate because, if confirmed, Haynsworth would replace Abe Fortas, who himself had resigned from the Supreme Court over financial conflicts of interest.
The Senate rejected Haynsworth in 1969, and the next year Nixon nominated G. Harrold Carswell to replace Fortas. Some critics claimed Carswell’s career was mediocre, leading one Republican senator to mount this defense: “Even if he is mediocre, there are a lot of mediocre judges and people and lawyers, and they are entitled to a little representation, aren't they?”
Far more damning than this “endorsement” was a statement Carswell had made when he was running for the Georgia legislature in 1948: “I yield to no man as a fellow candidate or as a fellow citizen in the firm, vigorous belief in the principles of white supremacy, and I shall always be so governed.” Civil rights groups highlighted this statement and his support for segregation, and the Senate rejected him as a Supreme Court justice.