ABSTRACT

The charge of partisan maneuvering stemming from Charles Warren’s contingent retirement became more credible and drew even more adherents in the Senate largely because of the president’s reluctance to alter the situation. Evidence suggests the contingent retirement plan originated in discussions among Charles A. Johnson, Warren Burger, and Justice Abe Fortas shortly after Warren expressed his intention to leave the Court. The controversy surrounding Warren’s retirement helped erase any advantage Andrew Johnson may have gained by proclaiming his adherence to non-partisanship. President Johnson’s most serious misjudgments in attempting to win confirmation of the Fortas nomination occurred in his dealings with the Senate. The role presidential management played in the Senate’s refusal to confirm Fortas is also provided by examining an incident occurring during the battle for confirmation. The story behind the chilling of the Johnson-Russell friendship and the latter’s decision to oppose the Fortas nomination involves issues of presidential indecision and bureaucratic politics.