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Supreme Court — Part 13
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OBER. WILLIAMS. GRIMES & STINSON
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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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