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There is debate over whether the Senate actually [[filibuster]]ed the Fortas nomination before it was withdrawn.<ref>[http://inside.c-spanarchives.org:8080/cspan/cspan.csp?command=dprogram&record=560195972 CSPAN show]</ref> C. Boyden Gray stated that after opposition to Fortas developed, the Senate merely had a test vote that showed only 47 in favor of Fortas, less than even a simple majority.  Hence a filibuster was unnecessary and did not occur.  Gray explained that his clerkship with Warren in 1968-69 depended on failure of the Fortas nomination, so Gray was watching this very closely.
 
There is debate over whether the Senate actually [[filibuster]]ed the Fortas nomination before it was withdrawn.<ref>[http://inside.c-spanarchives.org:8080/cspan/cspan.csp?command=dprogram&record=560195972 CSPAN show]</ref> C. Boyden Gray stated that after opposition to Fortas developed, the Senate merely had a test vote that showed only 47 in favor of Fortas, less than even a simple majority.  Hence a filibuster was unnecessary and did not occur.  Gray explained that his clerkship with Warren in 1968-69 depended on failure of the Fortas nomination, so Gray was watching this very closely.
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In early 1969, ''Life'' magazine ran a shocking expose about how Fortas had received $20,000 and a promise of annual payments for the rest of his life, and payments to his wife after he died, by a wealthy person facing conviction for insider trading.  This scandal resulted in calls for impeachment. Fortas resigned from the bench in 1969 but denied any wrongdoing.<sup>[http://www.oyez.org/justices/abe_fortas/]</sup>  The law firm that he started, Arnold, Fortas and Porter, refused to take him back and removed "Fortas" from its name.
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In early 1969, ''Life'' magazine ran a shocking expose about how Fortas had received $20,000 and a promise of annual payments for the rest of his life, and payments to his wife after he died, by a wealthy person facing conviction for [[insider trading]].  This scandal resulted in calls for impeachment. Fortas resigned from the bench in 1969 but denied any wrongdoing.<sup>[http://www.oyez.org/justices/abe_fortas/]</sup>  The law firm that he started, Arnold, Fortas and Porter, refused to take him back and removed "Fortas" from its name.
    
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