The United States v. Richard M. Nixon, President, et al.

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firing power (the court disagreed). As an appeals judge and as Chief Justice, has generally been a law-and-order man with a narrow view of the judiciary's right to innovate, but has reacted angrily to arbitrary decisions by Executive agencies. Likes Nixon personally and is said to have held up last year's decision quashing state anti-abortion laws for a couple of weeks to avoid embarrassing the President during the inauguration period. Voted for the abortion decision despite strong personal reservations, apparently because his vote would not have changed the result and he felt that the Chief Justice should not undermine the majority on such a controversial issue. He seemed to be on the fence, but is the man considered most likely to vote for Nixon—on the ground that the court should not decide the case since it is a political question.

HARRY A. BLACKMUN, 65, a Republican appointed by Nixon in 1970. Called one of the Minnesota Twins because he and Burger agree on most decisions and because the two jurists were childhood friends in St. Paul. Shy, slow in his work, and still somewhat intimidated by the pace and pressure of the high court. Personally sensitive to violations of confidentiality, but also favors giving prosecutors the tools they need. Has castigated the "pall of Watergate" with its "unusual doings in high places." His essentially strict-constructionist sense of judicial power often outweighs personal sense of what is right; a foe of the death penalty, but voted to uphold its constitutionality. Appeared to be sharing the fence with Burger, and while the Twins might lean toward Nixon, they were probably reluctant to stand alone.

LEWIS F. POWELL JR., 66, a Democrat who joined the court in 1972, is one of the least predictable of the eight and the most flexible of the Nixon appointees. A gracious, old-school Virginia gentleman, easily shocked by wrongdoing of all kinds; before last year's restrictive decision on pornography, reportedly favored a liberal ruling on First Amendment grounds, then switched after viewing reams of hard-core smut. Just before joining the court, was on record as pooh-poohing fears about Government wiretapping, then wrote the sharply worded decision rejecting the Nixon-Mitchell claim that the Government should be able to bug suspected domestic-security risks without first obtaining a court order. Universally regarded as a key vote that Nixon must have, but appeared incredulous during the oral arguments when St. Clair asserted that Executive privilege covers even the discussion of a criminal conspiracy. Was considered to be leaning slightly toward Jaworski.

BYRON R. WHITE, 57, a Democrat appointed by John Kennedy in 1962, has become a pivotal vote who often sides with the conservatives to form a narrow majority. Least predictable man on the court, criticized by some scholars for failing to develop a clear legal philosophy despite twelve years on the bench . . . Nonetheless said to have the quickest mind on the court. Though firm in supporting desegregation and antitrust enforcement, experience as No. 2 man in the Kennedy Justice Department made him a strong advocate of prosecutors' authority. Also supports an active Federal Government and Executive power, when authorized by Congress. In this case congressional protection of the Special Prosecutor's independence may be the key to