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Supreme Court — Part 21

109 pages · May 11, 2026 · Document date: Jun 18, 1957 · Broad topic: Civil Rights · Topic: Supreme Court · 109 pages OCR'd
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ahd, oh nel ew af + about nmatters directly relating to his availability for deportation, Jus- tice Clark dissented, but only Jus- tice Burton supported his view that the Attorney General wea being stripped of a vital power, °®@ The following week the Justices ruled that a lawyer could not be Prevented from taking @ bar ex- amination merely because he was once a Communist Party member. “Justice Clark wag once again in dissent, -@ On May 13, the court reversed the convictions of two men and «a “women accused of harboring a Communist who had fled in order fo avoid & prison term for violating the Smith Act. The guilty verdict Was overturned on the ground that the FBI had conducted an illegal search ofthe defendants’ home. Again Justices Clark end Burton ~ Were in the minority. “® A week later, Justice Brennan wrote the opinion which reversed the conviction of « labor leader ‘who was accused of lying when he swore in hits Taft-Hartley affidavit that he was not a Communist. Jus- tice Clark wrote a solo dissent, in which he said: “. |, Those intelll- gence agencies of cur Government engaged in law enforcement may as well close up shop, for the court ] has opened their flles to the crim- inal and thus afforded him a Ro- man holiday for rummaging through confidential information &3 well as vital national secrets.” @® Last Monday, Justice Clark dis- sented from three important “sub- version” decisions. In two of the cases he stood alone, and in the third he was joined by Justice Burton, Among other things, he actused—hia colleagues of making i - the judiciary “the grand inquisitay” of congressional investigations. Thus, the tronic fact is that the Eisenhower edministration, fight- ing @ Tear-guard action to preserve its antisubversive program against libertarian attack, must depend on two Truman appointees—Clark and Burton—for support on the court. The Wberals are in a stronger Gecade. Chief Justice Warren and -. Justices Black, Douglas and Bren- nan have to gain support from only one more justice to constitute a majority in any ease. In civil lib- erties matters, Justices Harlan and “position than they have been in gq | Frankfurter will often back them, | The Warren - Black - Douglas- Brennan coalition seems to hold firm in antitrust cases, also, The same four justices recently held that du Pont has exercised legal monopelistic control over General Motors. Thus, this Capital, which boasts Many strange sights, has another Paradox to exhibit today: The 6pec- tacle of Republican Presiden unwittingly restoring the Hber balance of a Supreme Court whic hed been pushed far to the right by his Democratic predecessor,
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