the lobby had been filled with the press despite his request "The only way they could have gotten in is Bazelon," Burger told his staff. "If I can prove it's true, I'll punch him in the nose."
Burger expected that his confirmation hearing before the Senate Judiciary Committee, which had to approve the nomination before it would be passed to the full Senate, might be a bloody battle. He envisioned a whole confederation of liberal interest groups planning to tear into him. "They're out to get me," he told his clerks as he brooded over the prospect The opposition included Bazelon, the other liberals on the U.S. Court of Appeals for the District of Columbia, and some liberal Justices like Brennan. It also included the young coat carriers, who seemed to rotate from a clerkship with Bazelon to a clerkship at the Court, perhaps for Brennan, before taking a job on the Hill, where they were always whispering into the ears of liberals like Senator Edward M. Kennedy at hearings.
Burger was sure that Kennedy would lead the opposition on the Senate Judiciary Committee. As a Republican nominee before a heavily Democratic Senate, he would be hard pressed. Nixon's pronouncements about changing the Court were an open challenge to the liberals.
Burger went to discuss the confirmation process with the chairman of the committee, Senator James O. Eastland of Mississippi. The aging conservative was a sure supporter. Eastland recommended that Burger use Eastland's own personal attorney, Roger Robb, already a close friend of Burger's, to assist him in the hearings. Burger took the advice. With Robb, he set up an office in the Watergate office complex, where they assembled records and previous opinions and tried to anticipate what curves the liberals might throw at Burger. They also gathered support from the organized bar associations, from law school deans, and from influential private attorneys.
Burger went to the Supreme Court one day and stopped by to see Brennan, the consensus builder in the Warren Court. Burger knew it was Brennan, with his instinct and passion for political maneuvering, who was the key strategist among the liberal bloc on the Warren Court. As Burger entered Brennan's chambers along the south corridor, he walked through the office used by Brennan's law clerks. There, hanging on a wall, was a grotesque rubber mask of Nixon, a souvenir of the counter - inaugural demonstration that had been staged by antiwar activists and others opposed to the President. He recognized one of Brennan's clerks as a Bazelon clerk of the previous year. The clerk was scheduled to begin work for Kennedy on the Senate Judiciary Committee at the end of the term.
Learning that Brennan was not in the office, Burger turned to leave. On the inside of the door there was a Black Power poster with the clenched, raised fist. Burger sensed what he was up against. Brennan's law clerks did not share his values. They were part of a different world. Bazelon to Brennan to Kennedy.
On Tuesday, June 3, two weeks after his nomination, the Senate Judiciary Committee opened hearings. Burger was ready as the session opened at 10:35 a.m . Behind him in the audience sat six past presidents of the American Bar Association, eleven past presidents of the Federal Bar Association, and twelve past presidents of the District of Columbia Bar Association. All were prepared to speak in support of his nomination.
Burger was offered a few easy questions by Eastland and other members of the committee. Finally, from his hunched position, Eastland turned to the man Burger was certain would present him with a problem. "Senator Kennedy," Eastland mumbled.
"No questions, Mr. Chairman," Kennedy replied in his confident Boston accent.
Each Senator took his turn, and there was not a word of criticism. The members seemed almost to compete with each other to praise Burger and take shots at the Warren Court. The hearing was adjourned in less than two hours. Burger was ecstatic. The committee