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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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LU S.News & World Report @ Chief Justice Warren a THE MAN IN THE NEWS A COURT UNDER FIRE After two decades, there's trouble again about the Supreme Court. It’s under fire, and $0, too, is its Chief Justice, Earl Warren. Critics are accusing the Court of making its own laws, of rewriting the Constitution to fit its own philosophies. The 1937 attack on the Court came from middle of a squabble, the target of an attack that shows) no signs of abating. Much of the criticism is directed at the high tribunal's top> iman, Chief Justice Earl Warren. Mr. Warren, in’ his nearly four and a half years in’ office, has led. many critics say, a “revolution” in the Court's attitudes on issues affecting mumerous groups and individuals, As things stand: ® The South is agitated over racial in- tegration in the schools. ® Congress is aroused over limitations on the powers of its investigating com- mittees and the Government's right to fire employes accused of subversion. ® Law-enforcement _ officials complain of decisions that make it harder to obtain the conviction of admitted criminals. e State anthorities are — dis- pleased over rulings that make federal enactments supreme over State laws in the field of sub- version. ® Lawyers assert that long- standing precedents have been struck down, that the Court has been writiag. its awn laws, its own wnendments to the Constitution. Echoes of FDR baitle. All this, Tor many im the capital, is sharply reminiscent. It was only 21 vears ago that the Court was ina power struggle with President Franklin D. Roosevelt. The Court was strik- ing duwn one New Deal enact- ment after anather, Mr. Roosevelt, brougot forth his “Court packing” plan. The Senate, after a prolonged! and famous bat- 38 Te SUPREME COURT again, is inthe age err yg ~C nt eo the New Dealers. President Roosevelt produced his ‘Court packing” propose! which was de- feated in the Senate. Today, it's the more “’con- servative” elements that are dissatisfied. 3 Mr. Warren i , the leader in major shifts of the Court's posi- tion. the. defeated it. But Mi. Roosevell won in the end. Chief Justice Chaules Evans Jlughes shifted his ground, led the Court to a more moderate attitude toward the New Deal) Meanwhile, retirements and deaths gave Mr. Roosevelt an opportu- nity to appoint new members. in that battle, it was the “liberals” in Congress who were attacking the Court. Today, it is the “conservatives.” aroused at the changes the present Court has made. Chicf Justice Warren has had a hand in bringing about most of the changes in- volved in these complaints. The changes have occurred since he took office in the _Earl Warren: Chief Justice, chief target SB a, TTSNEWR Pho ry “sent otal. lee the autumn of 1953, as President Eisen- hower’s first appointee to the High Court. Nearly all the changes have come with his approving vote. Critics in Congress, for the mast purt, ate Southerners, who dissent on the school-integrution decision, and “con- servatives” from the North. Meanwhile, there also are indications that the Ad- ministration is none too happy over some Court rulings. Moves te curb Court. Congressional critics are fostering legislation to fence the Court out of areas into which some of its decisions under Chief Justice War- ren have moved, Senator William E. Jenner (Rep.), of Indiana, last week was pushing a bill to forbid Supreme Court review in these fields: Cases arising from congressional investigations and ci- tations for contempt of Congress. The antisubversion program — for federa —eimpln oves. State Jaws deal- ing with subversion. School-board regulations having ta do with sub- versive activities by teachers. The admission of Lawyers to practice in State courts. The Jenner bill has attracted wide attention and substantial support, But it alse has drawn the disapproval of the Adiministration aud the American Bar Association, measure will be approved, but the support it is receiy ing is Considered indicative of the prevalent dis satisfactions with the Court, Question of experience. Other measures are pending, too. One would deny the federal courts
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