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Supreme Court — Part 23
Page 15
15 / 55
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Ever since Chief Justice Earl
arren wrote the &-to-0 school
tegration opinion in 1954 there
as been a tendency to credit him «.
MORE ge de a
with ao great and growing in--
flu on the other Justices of
, the upreme Court. ;
of controversial civil rights and
security decisions in which the
Chief Justice sided with the
‘ majority, there has been frequent
. reference to the “Warren Court.”
In fact, one prominent national ‘tO say
publication last week asserted
that the court has now “made
eect Eee
leeturing some years suo. 5 a
ati
,lumbia University. Chief
Hughes, widely regarded aa one
the three or four best .
Justices in American, ,_lste a
went on to say:. «FO
_ “In a small body of able men :
- with equal authority in. making .
fe Wake of the recent geries
sharply slear how much it has
iesine pray
come to reflect its Chiet Justice's:
views.”
Among “ethdents of Supreme:
,
|
Loom eet LO,
_ Court history and among lawyers
' acquainted with present members
‘of the court, statements such as
the foregoing are taken with a
. large grain of salt, :
Mr. Warren, by ‘virtue of’ his
office, ability, industry and per-
sonality doubtless has influence
with his fellow justices. But to
suggest that he could succeed at
creating a tame court acquiescent
to his. views—even if that were
his alm—is to lapse into fantaay.
_At least, most experienced lawyers
“seem to think it is. ~—
’ Here is an observation by one
.well qualified to comment: .
Justices, as men of mature years
and wide experience, undoubtedly
-have thelr convictions, politicat
and economic, and their views of
the nature and purpose of ovr
reo
’
‘Government: but “they (are? not.
‘the Instruments of political mea- -
inulation or tocls of power. One!
nnot study their lives and deci-
ons without confidence in their
erity and Independence.” . - .
‘Waite and Melville
“ decisions, if is evident that (the
Chief Justice's) actual influence.
will depend upon the strength of.
his character and the demonstra-,
tion of his ability in the intimate —
relations of the judges. It is safe.
that no member of the
court ot ts under any ‘lusion as to .
the mental equipment of his °
‘brethren, Constant and closa
association discloses the strength -
weakness of .
‘pnd exposes the
each.” yweakne
Doubts Doniination Soe
In essence, Chief Justice Hughes”.
was driving home the Point that,
most Supreme Court justices are
‘foo experienced, knowledgeable
and firm to be intellectually pushed
around by other court members, |
They may be persuaded by supe ,
frior legal reasoning, but seldom, ‘!
if ever, do they merely “reflect”
the views,. of some dominant
member. -
Influence © can be exerted by any ‘
member of thé court. Associate,
“Justices such as Joseph Story |
and Benjamin Curtis probably...
had as much influence within the |
court as any Chief Justice. Con-,-
versely, such able Chief Justices. ;
as Salmon P, Chase, Morrison ig
Fy Ae
cording to Mr. Hughes, “gained »
nothing by their headship of nea
court over such men as Samuel ,
Miller, Stephen Field, Joseph +
Bradley, Horace Gray and Davi
Brewer") 4... me DabeL da
- Chief Justioe Hughes felt th ;
. That was Charles Evans Hughes - “Jatter assdciate justices “rose te
ere eden AA te ant icc ne: nie 8M ss ad leniines ae
r
6g Knee fot
“
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e
4
"NOT NOT RECORDED |
44 JUL 19 1987 |
Wash. Post and
Times Herald
Wash. News
Wash. Star AAS
N. Y. Herald —__-__
Tribune
N. Y. Journal-______.
American
N, Y. Mirror
N. Y. Daily News WW
N. Y. Times
Daily Worker
The Worker
New Leader
a
Date —_ JUL 7 JSas
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