the JoLt fRoM BoLdt 131
ply System had the river drawn down in the middle of a fall Chinook run
to check the intake structure for a nuclear power plant at Hanford. When
WPPSS officials denied culpability, Johnson moved to have their license
revoked, which effectively put a red-tag on the bonds for their nuclear
plants. Soon, a limo-load of Wall Street lawyers arrived in Olympia and
asked for an audience with the attorney general. Gorton guffawed and
sent them down the street to plead their case with Johnson, who boasts
that he “beat ’em big time” and ultimately secured a spawning channel
and a hatchery.
Incensed by Johnson’s swagger, Governor Ray wrote Gorton to say he
had to go. “I’m the attorney general,” Gorton replied, “and the assistant
attorneys general serve at my pleasure, not the governor’s.” The governor
fired off another letter, to which Gorton tersely replied, “After your next
election, your successor may discuss it with the attorney general.”^34
theRve e Rse discRiMinAtion cAse Gorton argued before the U.S. Su-
preme Court in 1974 was the year’s most explosive civil rights issue: To
what extent could state colleges and universities reach out to admit racial
minorities at the risk of excluding qualified Caucasians?
Marco DeFunis, 22, a Sephardic Jew, sued the University of Washing-
ton Law School in 1971. Although he had higher scores than more than a
dozen black and Hispanic applicants who were admitted, DeFunis was
rejected. “If he had been black, he would have been in. He was kept out
because he was white,” his lawyer told the high court. Gorton countered
that DeFunis was in fact only “marginally qualified.” His scores lagged
behind numerous other white applicants also denied admittance. The
twist was that a local court had ordered the university to provisionally
admit DeFunis. The state Supreme Court reversed the ruling but U.S.
Supreme Court Justice William O. Douglas intervened, issuing an order
that kept DeFunis in school.^35
The case drew huge national attention, with more than 30 amicus cur-
iae briefs filed by interested parties on both sides. Archibald Cox, the re-
nowned Harvard Law School professor, offered to argue the case on be-
half of the University of Washington. The former Watergate special
prosecutor had already written a friend-of-the-court brief supporting the
university’s stand. Gorton politely but firmly declined the offer, telling
reporters, “We’re going to argue it ourselves. Specifically, I am.” Asked
about speculation that he was just after publicity to boost what the media
viewed as a likely campaign for governor in 1976, Gorton laughed and
observed that defending racial quotas likely would cost him votes, not