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ACLU — Part 4
Page 5
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. , ir, Sulzberger concluded that ' tho qwaronsibia 3“ nal ia fully eenscious of
i the £, w=. 4 froo secdety and a fi-ca plese a gos able, and will rise or
| o . fall } “a }
| IALYERS PECRY A?TACKS CN SULREMS COURT
A represents tim group of lawyers frem 31 states and territories of tho United
. States recently expressed their concern over attachs against tha Supreme Court, The
Etatement was released by George Wharton Fepper, former U.S. Senator and Prominent |
Philadelphia attorney.
a
The lawyers sroke’ out in streng terms against what they termcd "reckless
attacks" which vere NAsnperougs in ferenting disrespect for our highest law." The
statenent urged that thesa attacks be repudiated by the legal profession end by
thoughtful citizens, .
The statement said that efforts to resist high court decisions by "Lawful
means" constitute a self-contradicticn. "The Frivilece of criticising a decision of
the Supreme Court carries with it a corresponding cbligation - a duty to recognizes
the decision as the supreme law of the land as long as it remains in force." = The
lawyers stated that the enending process, and not resistance, is the proper way ior
bringing about desirable changes in constituticnal law,
In an eppendix to the statement, the lewyers placed the reasons for the Supreme
Court's decisions in their historical rerspective ty citing several decisions which
allegedly tock over jurisdiction fren the separate states. In this corneoticn ths
appendix quoted a staterent made by Chief Justice John Marshall in 1009; "If the
, legislatures of the several states may, at will, ennul the judgtents of the courts of
the United States, and destroy the richts acquired under these judenents, the
Constitution itself becemes a sclemn mockerys and the naticn is Geprived cf the means
of enforcing its laws by the instrumentality of its om tribunals,"
Noting that current attacks resulted frem the Supreme Court's decision on
School deserregation, the statement said that "whether as individuals we gree or
Gisagree with the school decisions, ke recognize that they vere the culminetion of 2
Steady line of grewth in the application of the concept of equal protectien under the
law, and that each stags was preceded by sincere and determined opposition,” : {
| FEW PENDING CASES FRESSED AS GOV'T. DROFS HOU TG LOYALTY OT
I HOT LOYALTY CATH
A surwy by the American Civil Liberties Union indicates that few fending test
4 eases are being pressed by local officials Since the Lerartmant cf Justice annoenced
4 that it would no lerger try to force persons seoking residence in puolicly- supported
ti
housing projects to sign loyalty ecaths.
ane.
Before the cepartment acted, the Public Housing Authority hed lost mere than a
“ Score GI test cases heard since the oath requirerant -- the so-called Guinn Apendrent
“= tesame law. The ACLU had challenced the law as a violation of free speech-
cee association and dua process in many of these suits.
no longer is requirad and the few pending cases in these areas are expoctad ta be dis=
missed, They are Arkansas , California, Tllinois, Mcntana, Nebraska, Now York, Chio,
Termessee and Texas.
}
| Reports to the civil liberties erganization shew that in nine states the oath
Tre Philadelphia Housing Authority indicated it would not enforce tha Fedar
oath or institute one of its om, as the FHA sunsested each local group might, T.
Seattle Housing Authority , hovever, instructed its attorneys to prepare a new oat
statute that would folicy closely the federal Subversive Activities Control Act.
3.
o
B
hy
n
Denver housing authorities have declined carment on whether they will consider ‘
rescinding local resolutions implementing the Grinn Amendment. A test case is
. Pending before tha Colorado Suprere Court,
in Havaii thers is no formal requirement fox an oath by tenants, vut thosa who
are willing to Sign one ara asked to do SO.
wets ¥
CIVIL DEaERTIAS RRIEPs fn po fe C4
. ES ‘.
Dee Moines and St, Louis tecare the Oth and List cities to approya municipal’
ordinancns dealing with fair erployrment practices, according to the publication of tro
Naticnal Association of Intarcroup Relations Officials...A test case ef How York 2
ttate's varrant nw will te carried to the state Court of frpeals by Emanuel] Redfield,
Counsel for the HYCLU, e holds the law is "varus: and uncertain,y" daroses "inyaten- oo
tary Sarvitudle ,? and disecininates against an adult who rerxuses to worl vhen he has ne
visible means ef Suppert, Lhe apreal will be taken in the case of a Now Yorh City ros-
idsni vino wliaded Hauilty to varrancy in iarerment, N Yes Gnd served a sixewenth tera.
{ , His poristront was sustiined Ly the westenester Geunty Ger. lo (—¢ g O- (Lantess
ra ae : - see Lge tore ee
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