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Determined to Persevere. The President now has several options open to him. He could wait until January, when the new Congress has convened and just before his own term expires, to confer with the congressional leadership and offer a noncontroversial nominee. He could nominate a Senator like Hart. He could appoint another nominee immediately, before the Supreme Court gets far into its new term. Among the other names currently bruited about in Washington, though with no real conviction that any will be submitted: former Associate Justices Tom Clark and Arthur Goldberg, Defense Secretary Clark Clifford, Treasury Secretary Henry Fowler and Viet Nam Negotiator Cyrus Vance.
One thing at least was clear: Fortas aims to stay on the court to vindicate himself, if for no other reason. When Arthur Goldberg spoke at a New York University convocation last week, he said that his wife Dorothy had telephoned Fortas after the Senate vote. During the conversation, Dorothy Goldberg had quoted Benjamin Franklin: "We must not in the course of public life expect immediate approbation of our services. But let us persevere through abuse and even injury." Midway through his own 40-minute speech on the 14th Amendment, Fortas won an ovation when he turned to Gold berg and declared: "Tell Dorothy that so far as I am concerned, I shall persevere."