Two Professors Support Handfor Supreme Court

Two Law School professors urged last night that Judge Learned Hand '93, retired judge of the Second Circuit Court of Appeals, be given an interim appointment to the U.S. Supreme Court. Hand would occupy the seat to be made vacant next month by Sherman Minton's retirement.

Robert Braucher, professor of Law, and Paul A. Freund, Charles Stebbins Fairchild Professor of Law, made the suggestion on the grounds that Hand's appointment would not be subject to review by Congress, as was Chief Justice Earl Warren's recess appointment.

Upon reconvening in January, Congress would, the men felt, approve a new, permanent appointment. Furthermore, the choice of Hand would be a nonpartisan one, which in an election year would be an advantage. The choice would also be "a grand gesture of recognition to the 84-year-old judge," Freund added. Though not mentioning Hand as a possible appointee, Ernest Joseph, also professor of Law, mentioned him as "outstanding." Braucher added that he had heard the suggestion made by others of his colleagues.

Hand retired from the Court of Appeals in 1951, after serving on its bench for 27 years, although he still sits on a number of cases. Previous to that appointment, he served as a U.S. district judge in New York State from 1902 to 1924. Graduated summa cum laude, he received his A.M. here in 1894 and his LL.B. cum laude from the Law School in 1896. He was given an honorary LL.D. from the University in 1939.

Aside from the choice of Hand, the professors had no single definite suggestion for the post. Braucher mentioned Judge William Hastie, the first Negro to sit on the Court of Appeals, suggesting the advantage of "having people represent different segments" of the population, which is "an entirely sound thing to take into account." Freund, however, stated that "I think it would be a mistake to let the factor of race enter in at all; I think Judge Hastie would agree." An additional deterrent to Hastie's appointment pointed out by Braucher, is the fact that he was appointed to his present post by former President Truman, and he added, "there aren't many Republicans on the court now."

Three men suggested by Brown were criticized for their geographical location. Judge Stanley Barnes of the Ninth Circuit Court of Appeals is from the West Coast, Chief Justice Warren's home; Judge Potter Stewart of the Sixth Circuit Court is from the Midwest, as is present Justice Harold Burton.