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4 : Ma PSiNews & World Rep fir »-» Eastland: “Curb this Court, restore balance of powers” ber of the Court who has served continuously throughout this period. He participated in 72 cases and his record shows: pro-Commanist votes—36; anti-Communist—1G, Tom Clark was appointed to the Court in L949. He is the hist member now on the Court of a group composed af Clark, Reed, and Minton who were cousistently anti-Coniniunist, This is their record: Pro-Compiunist Votes When invention would help the Communist: canse, the Court lia invented. 2. . When misstatement would help the Conununist cause, th Court bias misstated. 2. a . . How many more of these decisions must we fike betweer the eves, Mr. President, before we admit that blaws are be ing struck? How many more times must the Conet . $ Qa ios - More often with than Clark Is 33 Reed 14 40) Burton 32 37 Minton 10 35 Burton is inchided above with his record of 32-37: he was against the strong anti-Communist judges. Here are the records of the remaining members of the presently constituted Court: -*Morse: Attack on the Court Is strate apparent fondness for the Communist cause, befor we adiit the possibility of the existence of such fondness’ When do we begin te act in discharge of our responsibility to the people of the United States, and to the sovereigr States we represent, to curb this Court and restore the balance of powers which is a basic requirement for the proper func tioning, even for the ultimate survival, of our form of gov ernment? ,., Pro-Communist Votes Anti-Communist Votes 3 ~. Warren 36 » Harlan 20 14 Brennan 18 2 Whittaker 4 7 Mr. President, [ have here presented an over-all picture based entirely on a statistical analysis. Ido not argue that a judge was always wrong in each and every individual deci- sion that might have a result favorable to the Communist Position. What concerns me and is of vast concern to the A en en ee eer, “The Most Dangerous Subversion” Senator Wayne Morse (Dem.), of Oregon, responded to Senator Eastlond’s speech, which he described as “one of the most serious attacks on the judicial process under the Constitution of the United States | have ever heard.’ Ex. cerpts from the response, as released by Senator Morse’s office on July 10: To make a statistical analysis of the decisions of individual members of the United States Supreme Court American people is the pattern that has been developed and made clear Also, since the great number of cases considered in the categories that I have here discussed arise by virtue of writs - Of certiorari where the Court affirmatively decides what it shall consider and what it shajJ not consider, the star- ' -tling increase in the number of decisions that favor the posi- tion of the Communists can be justifiably held to be most significant. Even more important than the high Proportion of cases which have been decided favorably to the Communist con- he as they have applied the Constitution in accordance with their judicial trust, and then jump to the conclusion that, in protecting individual rights, in protecting the great civil rights guaranteed by the Constitution, they turn themselves into pro-Communist judges, in my judg- ment is such a travesty upon the principles of logic that I am aghast that I sat in the Senate and heard such non sequitur, fallacious reasoning presented on this flcor, Thank God for a Supreme Court which has the courage, in hours of hysteria, ta bold true to the basic rights of free- tention is the fact that increasingly, under Chief Justice War- ren’ the_Court-has_-been-expanding its usurpation of the legislative field and purporting to make new law of gen- evime -€ral application which will be favorable to the Communist Position not only in the individual cases decided but in in- “~mumerable other cases. The one area where there seems to be some predicta- bility with respect to the Warren Court's action is where cases involve the interests of the world Communist con- Spiracy and its arm in this country, the Communist Party, US.A. When delay is necessary to help the Communist cause, the dom guaranteed each citizen by the Constitution of the United States, without which rights we would not be in this chamber this afternoon as free men. . . . . it is the duty of the courts of the United States never to allow political winds, political considerations, public hysteria or public bias to enter into the decision of such courts in applying the law to the facts of a case. ® It is pretty sad—and I say this with a full understanding of the meaning of the sentence I now utter—that any attempt should be made to tear down the United States Supreme Court and its prestige before the American people, That is nae The long-range intentions of the Supreme Court are ob- scure, as its language in some of these cases also has been. Perhaps we cannot say what the Court is trying to do, but we can see what it is doing: It is moving, step by step, paragraph by paragraph and decision by decision, toward establishment of the Communist conspiracy in the United States as a legal political entity, with just as much right to exist and operate as any political party composed of decent, patriotic Ameri- can citizens. When suppression would help the Communist cause, the Court has suppressed... the most dangerous subversion that could be Jet Joose in America... . I categorically deny, as a lawyer, that there is any justifi- cation, on the basis of the record of the present bench of the Supreme Court, for such a sinister attack upon those " great public servants as I have heard this afternoon. Agai® I say, thank God for the courts. With a prayer on my lips I say: Let us always hope that that Court will continue to sit there unsullied and unafraid. lf there are those in this country who wish to take away from that Court the duty to protect the rights of American When pre-emption would help the Communist cause, the Court has pre-empted... . ; 82 citizens —inder_the—Constitution, let them stitutional amendment to do so, and see how much support they get in America. fenD) US NEWS & WORLD REPORT, July 18, 1958