Toward Confirmation

Opposing his nomination to the U.S. Supreme Court, liberal members of the Senate Judiciary Committee embarrassed both Judge Clement Haynsworth Jr. and his sponsors when they charged the South Carolina jurist with conflict of interest. Their disclosures about his business connections and stock purchases raised serious questions about Haynsworth's judicial ethics, shook the confidence of his supporters and gave his opponents an unexpected advantage in their fight to prevent his confirmation. But as hearings on Haynsworth's appointment concluded last week, it became obvious that the liberal advantage had been only temporary.

Spokesmen for civil rights groups and labor unions paraded before the committee to attack Judge Haynsworth's record on integration and labor-management cases. William Pollock, general president of the Textile Workers Union of America, said that Haynsworth was part of a "conspiracy." The aim, said Pollock, was to limit the rights of workers. Samuel Tucker of the N.A.A.C.P. blasted Haynsworth's "persistent hostility" to the Constitution's promise of racial equality. Eight of the House of Representatives' nine Negro members endorsed a statement opposing confirmation. They said it would "unequivocally tell black people that the one significant route for peaceful resolution of society's racial injustices ... is gradually being phased out."

Remote Relationship. Despite the vehemence of these attacks, Clement Haynsworth's ultimate confirmation seemed more assured than ever. The criticism of his decisions impressed only those Senators who were already opposed to the nomination, while the judge's explanation of his financial interests satisfied many who had been concerned. Haynsworth convinced waverers that his participation in one case--involving a company that did business with a firm in which he had an interest --was justified on the grounds that his relationship was remote. He blamed his purchase of stock in the Brunswick Corp. while its case was still technically under litigation on a simple lapse of memory. The case had been settled more than a month before he bought the stock, and he had forgotten that the decision had not yet been announced.

Some questions of ethics will linger for a while, and not a few Senators wish that President Nixon had sent them another nominee. Indiana's Birch Bayh and other liberals are at work digging into possible new conflict charges. But the most determined of Haynsworth's opponents now expect that the Judiciary Committee, which may vote this week, will recommend confirming the appointment. Haynsworth may not have his Supreme Court seat in time for the Oct. 6 opening of the court's fall sitting, but even the opposition to his appointment believes that after a floor debate the Senate will approve his appointment.

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