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é Ys i U1. StNews & World Report 3B COMMUNISM AND SUPREME COURT _ —A GROWING DEBATE ~Pro and Con by Senator Eastland and Senator Morse The argument over the Supreme Court broke «out on the Senate floor last week. ~ft started with an attack on the Court by Senator James ©. Eastland (Dem.), of Missis- + sippi, chairman of the Senate Judiciary Com- “= mittee. >» Senator Eastland added up the records of Following are excerpts fram a speech to the Senate by Senotor_James O. Eastland (Dem), of Mississippi, July 10, 1958: ee Mr. President, the most graphic and effective way to ilus- trate and portray the remarkable change and development that has taken place on the part of the Supreme Court in its attitude toward Conunuaism, the Conuiutist Party, and mat- ters involving: subversive and seditious activities is by way of a detailed study and analysis of all Supreme Court deci- sious involving these matters. The Court is a composite af nine individual judges. Thns, it is the attitude and position of each judge as an individual that is of critical and crucial importance. For the purpose of clarity and simplicity the tables, charts, and tabulations divide the positions and. attitudes of the judges into those of pro-Communist or anti-Communist. When an opinion or vole coincided with the position taken by the Lbgant and was against the government, either State or satioral, and which decision favored the Com- munists or furthered the interest of or benefited the Communist Party gen- erally and weakened the intemal secu- nity of the nation and the ability af the United States or the States to cope with Communist conspiracy or subver- ston, it is entered as “pro”—meaning pro-Communist. The negative pesition is designated by “con"-coutrary or anti-Communist. Mr. President, since 1919 through Monday, June 2 1958, the United States Supreme Court rendered 84 de- cisions involving Communist or subver- sive activities in cases where the posi- tion of the individual judge could be determined. In 24 years, 1919 to 19-42, the Court decided only TE cases in this category. Of these 11 cases, the first seven were U.S. MEWS & WORLD REPORT, July 18, 1058 Court Justices on all cases invelying Commu- nism ond reached the conclusion that some Justices consistently favor the Reds. He urged congressional action te curb the Court. --In reply, Senater Wayne Morse (Dem.), of - Oregon, defended the Supreme Court. He said it is preserving the basic rights of Americans. decided against the Commumst position and in favur of the Covertinent. Since 1943, seventy-three cases invelying Cammunism or Subversion have been decided where the position of the in- alivichual judge could be ascertained... , * . *. From 1943 through 2953, a total of 94 cases in these categorivs, was considered, A majority of the Court voted in favor of the position advocated by the Communists in 15 cases and held contrary to what the Communists wanted in 19 cases, Ew} Warten took the outh of office as Chief Justice in Octuber, 1953. In the 4% ycars since he has been Chief Jus- tice, the Court has consented to hear a fantastic total of 39 cases involving Communist or subversive activities in one form or another. Thirty of these decisions have sustained the position advocated by the Coammnanists and only nine have been to the contrary. Even more significant than the over- all result of these decisions is an analysis of the votes and positions taken Dv the individual judges. This is from the tabu- lation previously introduced in the “Rec- ord” which starts with the year 1943. Huge Blick participated in a total of VT cases and his batting average is an even E000. Seventy-one times he voted to sustaiu the position advocated by the Communists, and net ane vote or one case did he decide tu the contrary. Justice Wilham Douglas participated in GOV cases” Mis Tattine average is slyhtly Jower than Blacks. Pro-Corn- munist votes—66, anti-Comeaiumnist—3. Mt is hard fer me to beleve, Mr. Prosictent, that the Government, of the States, the Departinent of Justice and the Pederal Bureau oF Tuvestigation, the congressional Guauntices and the distnct courts and circuit euurts of appeal were ahs wvs wrong, Fehsx Frankfurter is the third mem- USSSA K Vheto SENATOR EASTLAND a