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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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- 16 - er se Thereafter the affidavits were filed and the Board issned a complaint and, after the usual proceedings, ordered the employer to correct the charged unfair labor practices, The Court of Appeals set aside the order on the ground that the Board could not entertain the charge when the union had not complied with the requirement of non-Comaunist affidavits. The Supreme Court reversed this decision, holding that the filing of such affidavits was not @ prerequisite to the filing of a charge. Orloff v. Willoughby (1953) 345 0.5. 6&3 Petitioner was inducted isto the army under the doctors! draft law, but was not commissioned or given the usual duties of an army doctor because he refused to state whether he was, or had been, a wember of the Communist Party. He applied for a writ bf habeas corpus to discharge him from the army on the ground that personne] inducted under the doctors’ draft law should either be commissioned or discharged. The Court concluded that he was aot being held in the arny enlowfully and affirmed the dismissal of his application for habeas corpus. Heikkila v, Barber (1953) 345 U.S. 229 An alien who has been ordered deported on the ground of member- ship in the Communist Party may not obtain review of the Attorney General's decision under section 10 of the Administrative Procedure Act by a suit for declaratory judgment or injunctive relief. Habeas corpus is the only procedure by which an order for deportation may be challenged in the courts.
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