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Supreme Court — Part 26

116 pages · May 11, 2026 · Broad topic: Politics & Activism · Topic: Supreme Court · 108 pages OCR'd
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aay ee in stone, is this motto: Equal Justice Under Law..-- ou The Brethren arg, the nine Justices of thel/Sunreme the world's Set Tm: ven tribunal and the only one ‘of its kind. This independent branch of the Government .of the United States is at once the mast majestic and the Jessi ag- gressive of all the six faces of official Washington. This court fs guardian of the Constitution. It asserts b —and sometimes rita thn uses——the right to ve acts of a Congress or a Presi- dent as unconstitutional. But jt has no military force at ite command, as does the President; no hold over the . Hational purse, as does Con- gress. In fact the Court has really no power whatever to enforcé what it *says—~no power except’ the greatest power of all. ‘is a pe- culiar moral force arising mame PRe Lene ar0G: wit 601s Alglo-Amer- ican tradition for playing the fame as the rules provide, or as they may be authori-. tatively interpreted. ’ This national sense of de- cency has thus far, for nearly _two centuries, been more persuasive than dive bomb- ers. a siice of the country. The Chief Justice, Earl Warren, is a big hail-fellow as breezy as his native Californila—and a little inclined, in the view of some critics, to be too cheerfully quick and Western ——ee in settling some cases of old imAniia a eee and infinite complication. The senior member of the Cénrt in service, Hugo Black | of , is as withdrawn mw Sto! bi eCeeLaes rs ren ig a great blazingly white" temple across which; etched actually - FUL VD | The present Court is lke’ ag TEU Me Soy "1 “gt . " Wittiam $. WHITE ' Brethren Have Tim 1€.0 i High Court Justices Have No Power’ re Except th the Greatest | Power of All. . op Tha hams of rath. LS eee a TFith ne ongectvweak waviee oF weak series of whatches of thavsix fader‘of official Washington.) we eee SUE en as Warren 1s outgoing—-thin- faced, ascetic, with some- thing of the worn, rubbed look of an old and much- used law book... 0 7. . ‘The. ‘urban, intellectual East is typified by Justice Felix Frankfurter of Mas-. | *sachusetts, who is spry, witty, ’ wiry and full of the joy of life. For years Frankfurter, a ’ Franklin Roosevelt appointee, was looked upon with great fear by the ultra-conserva- tives He was pictured as the head and master of a class- room radicalism that was training its Junior officers in the Harvard Law School for the sole purnnage of joining * Field Marshal Frankfurter in an ultimate assault upon every Union League club and management _roup in this Nation. The Court’ has: ‘long memories of many ironies. A present irony is that Frank- furter, no doubt with some wry private thoughts, has become something of a hero to the iegal conservatives. For the Court of 1958— in @ most polite and fair-minded way—is fundamentally di- vided along’ what might roughly be called conserva- tive and liberal lines. ,. t «And = Frankfurter ‘some- times is actually the chief of the conservative group. Generally speaking, he takes a rather traditional and re- served view of the proper role of the Court. He dots jot wladiy challenge con- gressional acts — though many in Congress have very * often challenged his acts. sa Se ov wa oy: Iba. ~-279 PES LA wT iat ASE Cie acaiser bicedtiliainaast | n 1 Their S wide | = . he nrerrwi eek. one: ; The so-called liberg? | ‘tag- - tion ts headed by Black’ and _ me with | dustice ‘l= Nam. Q. Dougids In‘ theit company and Justice. Wi Yam J. Brennan, jf.) 49m Yanee—out not. ilwaye—ws cm, . Sin bel Latent d Ana tngta: ia nem hard-tore’. ‘conserva- anes are Justices Harokt Burton, Tom ¢. Clark: ané Charles BE, Whittaker. ‘The two Justices’ who ‘are perhaps the Court’s bcut- Standing Constitutional du- ‘thorities, Frankfurter © and . Marsiali Harlan, form J ome, a . generally ‘uncommitted third force. On the whole, however, they are more like-~ ly te come down on the side of restraint than of‘innova- - tion in questiond of . the ~ Court’s proper powers. : Through ‘history the Court . has been under intermittent < attack, Franklin D. Roose- * velt tried to pack it for being , too conservative on economic ; issues. And where 20 years ago the advancéd lberals ! were after the Court, the ultra-conservatives are after . it today.' *- wt The Court that was “$03 illiberal two decades ago is how, in the eyes of the tight — wing, far too liberal—main- | ly because of its antt-segre- gation decision and ita vari- ous rulings restricting Gove | Mins |minisie action sgainkt Corks munists or suspected Com . munists, © a The Brethren well know al! this history. They ‘are not, | however greatly disturbed. . Time {s long upon the High ” | Bench, and all things pass ; away. Come hext October, { upon reconvening from the summer recess, the rine black-robed men, will fle “fh Bt noon. The Crier will call out, “God save the United. States and this Honorable; Court!” And the long march Of justice will Sqaeigagly on. co Oar ee oT a wg Pe "NOT RECORDED 46 nue 1 1082 # 0 > TE Ainge ae temp he. tal . Date Tele: om 2. Ro an Gandy Wash. Post and Times Herald Wash. News Wash. Star AW N. Y. Herald Tribune N. Y. Journal- American WN. ¥. Mirror N. Y. Daily News ——. N.Y. Times Daily Worker The Worker New Leader —_—_-_—- i
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