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Supreme Court — Part 13
Page 71
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Thereafter the affidavits were filed and the Board issned a complaint and,
after the usual proceedings, ordered the employer to correct the charged
unfair labor practices, The Court of Appeals set aside the order on the
ground that the Board could not entertain the charge when the union had not
complied with the requirement of non-Comaunist affidavits. The Supreme
Court reversed this decision, holding that the filing of such affidavits
was not @ prerequisite to the filing of a charge.
Orloff v. Willoughby (1953) 345 0.5. 6&3
Petitioner was inducted isto the army under the doctors! draft
law, but was not commissioned or given the usual duties of an army doctor
because he refused to state whether he was, or had been, a wember of the
Communist Party. He applied for a writ bf habeas corpus to discharge him
from the army on the ground that personne] inducted under the doctors’
draft law should either be commissioned or discharged. The Court concluded
that he was aot being held in the arny enlowfully and affirmed the dismissal
of his application for habeas corpus.
Heikkila v, Barber (1953) 345 U.S. 229
An alien who has been ordered deported on the ground of member-
ship in the Communist Party may not obtain review of the Attorney General's
decision under section 10 of the Administrative Procedure Act by a suit
for declaratory judgment or injunctive relief. Habeas corpus is the only
procedure by which an order for deportation may be challenged in the courts.
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