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Supreme Court — Part 21
Page 52
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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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