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Mr. Tamm. Mr, Trotter Mr. W.C.Salifvan Tele. Room Mr. Holloman. Miss Gandy____ Hi High Court Files Defensive Brief \ THE: SUPREME COt T fs sticking firmly by ig against racially seg- regated achools, but the justices are not blithely Ignoring charges that they are rverting the Constitution and abusing udicial power. -- .. - The leng staternent issued last Mon- “day by the court was much more than “gn explanation of the Little Rock school ecision, It was an elaborate defense of e judicial department's prerogatives. "The court is aware that it has critics er than the opponents of schoo! inte- gration, and it has seen fit to offer ‘the ‘general public a brief in its own behalf. It is publicly appealing for support. Defending the theory that it is the proper interpreter of the Constitution, the court cited John Marshall's dictum that it is “emphatically the province and ‘duty of ‘the judicial department to say what ,the law. is.” .And it pointed. out at this theory has prevailed since 1503. In response to the charge that it has iolated state sovereignty, the court cited f nF oct 34 1958 poem Yo LG Articte vi of the Constitution which says that jaws and treaties made under the ‘Constitution “shail be ‘the supreme law | of the land, and the judges in every state shall be bound thereby,. anything in the constitutien or laws of any state to the ‘ contrary notwith While defending the rerogatives “Of ‘the judiciary as one of the three branches of the goverhment, the court offers in justification of its school mixing decision the fact that the three justices who have been appointed since that mo- mentous decision approve the ruling. In effect, it says to its critics, “You are questioning the wisdom of not only the nine present members of the court but of three retired justices.” _ ‘The Supreme Court apparently be- eves that these who are criticizing and defying it are menacing. the fundamental structure of the government. Speaking for.the judiciary, it has asked the Foi ‘at large to study its ‘defensive brief and give a decision in its favor. * 1 mo oo we ~ Editorial - "Dallas Times Herald” - Dallas, Texas, //-2-4 Felix R, McKnight, Executive Editor NOT RECORDED 133 OCT 30 1958 ——— ——<—<—s -sommoss