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Supreme Court — Part 26
Page 32
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QuentinReynolds,
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60
The Man in the News |
A COURT UNDER FIRE
{continued ]
Justice. wining praise From associates for
the Wut he settled down to work,
What Hughes said: Vhe Clack Jus.
tice is the Coutts chief administrauve
officer, When it comes Ga settlinig cases,
however, be has oaths one of tine votes.
Chief Justice Hughes wrote:
“Phe Chief Justia: as head of the
Court has an outsthaadings position, nat
inaosmall body of able nen with equal
authority in the making of decisions. it
is evident that his actual iufluence will
depend an the strength af his character
and the demonstration of his wcbility. in
the futimate relations af the judues....
“Comrage of conviction, sowid) leatn-
ing. familiarity with precedents, exact
hnowledge due to painstaking study af
the cases under consideration cannot fail
to command the profound respect which
is always yielded to intellectual power
conscientiously applied.”
With no previous judicial experience,
Me. Wirren of course lacked Biiow ledge
of Tegal precedents. He set about cquir-
fig it, clich His hemework thoroughls. Tn
the conferences at which the Court comes
to decisions, he spoke up confidently.
His colleagues soon were privately prais-
ing him for his industry and courage.
The “liberal” Mr. Warren soon found
himseTl Trequently aligned with Associate
Justices Huge L. Blick and William 0.
Doughis, who had been appointed hy
President Roosevelt. The appointment of
Associate Justice William J. Brennan, Jr.
by Mr. Eisenhower, gave the group an-
ather ally. With the occasional backing
af other and mere “conservative” Fus-
tices, Mr. Warren found himself increas-
ingly in the majority in’ disputed de-
cisions,
The segregation issue. The Chicf
Justio’s first really — striking triumph
came when he scarcely had been six
months on the Court, This was the
unanimous decision against racial segre-
gation in the schools, ;
As the story is pieced together by
those ina position to know, tnanimity
against segregation did not come readily.
It had to be brought about slowly, by a
painful process of compromise and ac-
commodation., Mr. Warren exerted all
his newly found leadership to obtain it.
The decision was widely acclaimed by
Northern “liberals.” In the South, and
in some other quarters, however, if was
criticized and coutinues ta be criticized
as having no basis in either the jaw or
the Constitution. In these quarters, it
is denounced as primarily an assertion of
Chief Justice Warren’s personal philoso-
ph
y.
The racial-integration ruling has pro-
voked widespread) defiance across the
South. Defiance resulted) in the dispatch
of fedend troops to Little Rock, Ark. te
enforce integration there. Southern States
have daalt ap oa complex of statutes: to
preserve segregition, One by ane they
are stick down be the conrts, But itis a
Jone process and the end is scarcely in
sight.
Mawy of the Court's critics consider
the segrepation decision an example of
constitutional amendment by the Court,
of Jegislation written by the Court. A
distinguished jurist, now ino retirement,
Learned Hand, of the U. §. Court of Ap-
peals in New York City, recently said
the Court had developed into a “third
a
International News Photo
SENATOR JENNER drew wide attention
with his bill to curb the Supreme Court
legislative chamber’—that is, in addition
to the House and Senate.
Growing resistance, The*present re-
sistance ta the Court, the “Warren
Court,” as it sometimes is called, does
not have the tremendous power of the
Presidency behind it, as did the resist-
ance of the Roosevelt era.
The opposition grows, nevertheless,
with every controversial decision. ‘There
have been few of these in’ the present
term of the Court. For that reason, some
are woudering whether Mr. Warret and
his colleagues are, at least temporarily,
in retreat,
When the tough decisions come, as
they must, however, there are few indi-
cations now—so far as can be seen--that
Mr. Warren and his Court may yield to
their critics. The battle line seems to
have been drawn. [END]
—
U.S. NEWS & WORLD REPORT, March 21, 1958
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