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Supreme Court — Part 29
Page 13
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0-10 (Rev. 1-28-50) .
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Court upholds an Act of Congress, instead of overruling it
fipding that it doesn't mean what Congress thought
™On ‘Monday of this week, the |
Warren court—thotgh by divided :
votes, to be sure—upheld a 1957 ,
Act of Congress aimed at undoing |
some of the damage wrought by
the Warren court’s decision inthe .
Clinton E, Jencks cage. :
In that affair, the court ruled ©
that. Jencks, a union Jeader con-
4 ‘ “gl victed of falsely swearing that h
P a ‘| wasn't a Red, should have aa
he oa - | —rr news REN COURT the Earl Warren Supreme |
allowed to see, before his tria _
2 = t. lc repos on hime aay to the ide the _
a couple o plants inside _
Clinton B. Jencks Communist Party. 4 - L
ness tis decision obviously threatened the ‘FBI's effective- .
nessa in fighting the criminal Communist conspiracy. Con- — = Ve
gress made haste to limit strictly the types of pre-trial
statements of witnesses which accused persons may inspect.
Day before yesterday, the Warren court politely obeyed
this Act of Congress, by upholding convictions of seven
assorted characters whose attorneya claimed that they had
been unjustly. prevented from forcing the prosecutors to
j
}
| | 42 3 2585-7
tip their hands before trial. i: ne
sae
pressed by the storm of bench, bar, press and everyday- 1% flu. & i959
citizen criticism of its long string of pro-Red decisions. VE
i
~~ Orrin
1 It looks as if the Warren court is at last properly im- \ vr REOOFTED
That'sa gain; but we hope—-
eee) ees QR
Fares Sak ok ra) r 7
* =.
CONGRESS e
| not assume that.a few pull-backs by this court mean , ©
that the tribunal has mended its ways completely. | The Woshin§ty: Post and
- The House voted Monday to consider a bill to clip the |. TimesHerald
claws which the Warren court atuck out in the Steve Nelson | The Washingion Daily News —
case and has withdrawn only a little way. In that decision, | ris"hconteyretar
the court denied the right of atates to prosecute subversives
plotting against the Government. Now ‘York Herald Tribune
Nee the bh nie bill under consideration knocks | New York Mew —
elson Case the Nelson ryling into the middle of next | New York Mirror
week. Maybe it is too broad, as the | New York Daily News 4]
[Justice Department fears. But if so, it can be narrowed f New York Post
appropriately by skilled Congressional lawmakers—after |! H }
which, we think it should by all means be enacted. | The Hew’ York nee
: It’s time to > atop this trend toward government by the | HEC The Worker
COWS S25be PEC J Anke Ue making pats tir _———- ? _— The Waii Street Journal _—_—
J. Date
cars . UN 21868
~
.
=
(9
62JUL8 1959
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