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. iliw d+. i nba aie. — ee U.S. News & World Report FROM THE SUPREME COURT: NEW RULINGS, NEW PUZZLES Look at recent decisions of the Supreme Court, and you find— When it comes to rights of in- dividuals as opposed to powers of the state, the nine Justices are divided into two camps. What is this new line-up? Who are the ‘swing men‘? In five cases involving citizen- ship rights and contempt of court, the sharp division on the Court is made clear. The Supreme Court appears to be dividing into two distinct wings in cases that involve_the constitutional rights of individuals. On the side of the individual as against the state are Chief Justice Earl Warren and Justices Hugo L. Black and William O. Douglas. On the side of broad powers for the Government are Justices Felix Frankfurter, Harold H. Burton, Tom C. ' Clark and John M. Harlan. The “swing men” who determine the majority are ' Justices William J. Brennan, Jr., and Charles E. Whittaker. This division was pointed up last week in three cases that involved taking citizenship away from native-born Amer- icms and in two cases involving power of lower courts to punish for contempt. In one of the citizenship cases, a Court majority held that citizens who vote in foreign elections can lose their citizenship. In the second, it held that citizenship cannot be taken from a soldier , for wartime desertion. In the third, a inajority held that serving in an enemy army during war could not lead to loss of citizenship unless Government proves clearly the service was willing. Line-up on citizenship. These con- fusing decison Started with a majority holding that Congress, because of its authority over foreign relations, can pass laws that take away citizenship for vot- ing in foreign elections. The case in- volved a native of Texas who voted in Mexico. This opinion was written by Justice Frankfurter, supported by Jus- tices Burton, Clark, Harlan and Brennan. The Chief Justice, joined by Justices Black and Douglas, dissented sharply, holding that citizenship stems from the U.S. NEWS &@ WORLD REPORT, April 11, 1958 Constitution and that Congress has no power to deprive any native-born Ameri- can_of these rights. Justice Whittaker dissented, too, bit on the ground that voting in a foreign election, which may be legal in that country, is not serious enough to involve loss of citizenship, Then, in the desertion case, the trio of Warren, Black and Douglas was joined by Justice Whittaker in holding a law depriving a deserter of citi- zenship imposes “cruel and = unusual punishment” in vio- lation of the Eighth Amend- ment. The judgment to re- store citizenship also was supported by Justice Bren- nan, but on the ground that Congress had no authority under its war powers to deny citizenship to deserters. Dis- sents were recorded by Jus- tices Frankfurter, Burton, Clark and Harlan, who denied that loss of citizenship amounts to “cruel and un- usual punishment.” In the third case, involving , a U. §.-born Japanese drafted ' into the Japanese Army in { World War I, seven Justices held that the Covernment {must prove clearly that the citizen served willingly. Jus- “tices Harlan and Clark dis- sented. On contempt: a similar split. The contempt cases involved people accused of Communist connections, and a majority in each case held against these individuals. But, in each case, the Warren-Black-Douglas v Justice Brennan. ne case concerned two of the first 11 Communists who were found guilty of advocating violent overthrow of the Gov- ernment. This pair jumped bail and fled as they were about to be sentenced to prison. They surrendered five years later and were sentenced to an additional three years for contempt of court. Justice Har- lan, writing for the majority, upheld the power of courts to punish criminal con- tempts without jury trials. Justice Black, for the dissenters, argued that it is time to change this judicial practice and require jury trials in criminal contempt cases. Justice Brennan dissented on the ground that the evidence of contempt was not sufficient. The other contempt case involved the Fifth Amendment's protection against self-incrimination. The Government charged that a woman falsely denied Communist connections when she was naturalized and should Jose her naturali- zation. She testified in her own behalf, but refused to answer questions on cross- UsX&WR Photo NEW LOOK AT THE SUPREME COURT Now revealed: opposing wings on individual rights examination, raising the Fifth Amend- ment. The judge ruled the defendant waived protection when she testified, sentenced her to six manths for contempt. Justice Whittaker joined the Frank- furter-Burton-Clark-Harlan contingent to uphold the lower court. The Warren- Black-Douglas wing again dissented, with Justice Black arguing that in civil cases defendants need not waive the Fifth Amendment protection to testify in their own behalf. Justice Brennan dissented on the ground that other penalties should have been used. These five cases provide strong indi- cation that the Supreme Court—bitterh criticized in Congress and elsewhere— is rather sharply divided itself. tenoy 75 er