MILWAUKEE (Jan. 8)
David Rabinovitz of Sheboygan, named a Federal judge by President Johnson, took his oath of office just 12 minutes before the 88th Congress convened yesterday to avoid a possible negative action by Congress on the controversial appointment. The Wisconsin State Bar and the American Bar Association both have opposed the nomination.
The controversy over the Jewish jurist began last September when the late President Kennedy named him to a vacancy on the Federal District court for Western Wisconsin. The appointment having been made while Congress was in session, Mr. Rabinovitz could not take the post without Senate confirmation. The appointment ceased to be effective when Congress ended its session in December without Senate action.
If the Senate does not act on President Johnson’s interim reappointment, the nomination will again die at the end of the present session. President Johnson, if re-elected this year, could then again nominate Mr. Rabinovitz. If the Senate confirms the appointment at this session, Mr. Rabinovitz will hold the judicial post for life.