A Successor for Warren

Since the conditional resignation of Chief Justice Earl Warren six months ago, the question of naming his successor has become an imbroglio of partisan politics and personal enmities. Last week the controversy erupted once again.

Democratic officials claimed that Lyndon Johnson had intended to nominate Arthur J. Goldberg to replace Warren but that Richard Nixon deliberately subverted the President's plan. According to the scenario circulating in Washington, Johnson had been considering naming Goldberg since Oct. 2, after his original choice, Abe Fortas, was denied

Senate confirmation. The Democrats claim that Johnson informed Nixon of his plans for Goldberg when the pair met at the White House on Nov. 11. Ignoring probity and protocol, they charge, Nixon then telephoned Warren without informing Johnson and asked the Chief Justice to preside at his swearing-in ceremony and to remain on the court until next June. According to this version, Warren agreed, not knowing of Johnson's intentions.

The White House declined comment, and Nixon denied that he was told of the possible Goldberg nomination. The call to Warren, say Nixonites, was merely a conciliatory gesture toward the Chief Justice. Nixon and Warren have been cool toward each other for years.

Meanwhile, speculation arose as to why, if the accusations are accurate, Nixon chose that course. One theory is that Nixon was trying to force Johnson to drop the Goldberg proposal. Neither Nixon nor some of his conservative al lies, such as Senator Strom Thurmond, want a liberal like Goldberg leading the court. On the other hand, this argument also suggests that Nixon does not want as one of his first official acts the task of withdrawing the nomination. To do so could incur the wrath of Goldberg's Democratic supporters in the Congress, legislators whose cooperation Nixon urgently needs.

The Stakes. In any event, the next move is up to Johnson. Goldberg, who was an Associate Justice on the court for nearly three years before becoming Ambassador to the U.N. in 1965 -- he resigned in June 1968 -- would dearly like to have the job of Chief Justice. While some Senators could probably delay the Goldberg confirmation by filibustering, Senate reaction is generally favorable to the nomination. The question is whether, even at the end of his reign, Johnson is willing to place his domes tic leadership on trial again. At stake is the ideological complexion that the Supreme Court will assume for many years to come.

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