In 1968, Chief Justice Earl Warren decided to retire, Johnson subsequently nominated Abe Fortas to succeed him. On the third day of hearings, Thurmond questioned Fortas over "Mallory v. United States" (1957), a case taking place before Fortas's tenure, but for which he was nonetheless held responsible by Thurmond. Thurmond asked Fortas if the Supreme Court decision in the "Mallory v. United States" case was an encouragement of individuals to commit serious crimes such as rape and if he believed in "that kind of justice", an inquiry that shocked even the usually stoic Fortas. Thurmond displayed sex magazines, which he called "obscene, foul, putrid, filthy and repulsive", to validate his charges that Supreme Court rulings overturning obscenity convictions had led to a large wave of hardcore pornography material. Thurmond stated that Fortas had backed overturning 23 of the 26 lower court obscenity decisions. Thurmond also arranged for the screening of explicit films that Fortas had purportedly legalized, to be played before reporters and his own Senate colleagues. In September, Vice President Hubert Humphrey spoke of a deal made between Thurmond and Nixon over Thurmond's opposition to the Fortas nomination. Both Nixon and Thurmond denied Humphrey's claims, Thurmond saying that he had never discussed the nomination with Nixon while conceding the latter had unsuccessfully tried to sway him from opposing Fortas.