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Supreme Court — Part 13

118 pages · May 11, 2026 · Document date: Apr 23, 1958 · Broad topic: General · Topic: Supreme Court · 118 pages OCR'd
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va Frane 8 Omer Rosart W WiiLiewe Wise A Genes Roernr bTingon S25) TreeTh L Meereon J. itwan Mo trreer 2. SEAN DER Hanvry & Raneact C. Cougman Je Davio Rese ‘ Teoma W. ae. xe | V OBER. WILLIAMS. GRIMES & STINSON 'Fommea.y Rivtceit Janney, OBcrm B WiLLAMSs) ATTORNEYS AT Law Gao MatHwieBOn BuUILOING raeee Actors BALTIMORE 2.MD. April 23, 1958 Pa 7 Honorable George Cochran Doub Assistant U.S. Attorney Géneral Washington, D.C, Dear George: I am writing you because the fight agains< communism 1s approaching a crisis. As you know, I rirst became articu- late on the subject in my 1948 address to the Maryland Bar As- sociation, when I was greatly concerned with the attitude of the then majority of the Stone Court (in decisions which brought vigorous dissents from Chief Justice Stone, Justice Roberts, and usually Justices Reed or Frankfurter). That ed id ee ee) _ effort resulted in my appointment to head tne Mary.and Com- mission, which proposed a moderate law, upneid by the Supreme Court on the loyalty end, and now of doubttul vaiidity on the criminal end because of the Nelson case - a iaw wnich incidently prevailed by an almost three to one popular referendum, I had been much encouraged by the attitude of the Vinson Court in the cases involving stace laws and in Dennis. While the anci-subversive fight is non-partisan, 1 must confess as an enthusiastic Republican I was greatly snocked that the Nelson and the later "Red Munday" decisions were made possible by appointments of the present administration. I know your difficulties, and I am not at all criticizing the attorney ee eee fal at He. bh - meen . tGeneral. .But, whatever the history, the fact is that the Depart- Vel aw pee ment of Justice and the states' fight against communism nas been paralyzed by this series of decisions. As I pointed out in my January, 1955, article tn the A.B,A. Journal (written prior to Red Monday, in which the decisions on that day were incorporated in a revision before it was finally published), the Court has plainiy put itself in opposition to the efforts of both Congress and the Executive, as well as the states, in their efforts to protect our internal security. There is no doubt in the certior- eantan thet have haan granted that thane danicinona ar alitoe VOY HES Mews Bf Meee OW ee 2 going to continue to emasculate all efforts to control subversion intern- ally, while ironically enough we are spending billions in the external fight, unless the Supreme Court changes its attitude. ENCLOSURE
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