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Supreme Court — Part 21
Page 94
94 / 109
\
4
oe ey
4
Bate’ paw
} friendly to peopie who have
4; ‘py the Constitution and the
Almost every Gay la
‘have been treated a new [Ete en investigations.
diatribe against C] Ped one sweeping decision, it
that eminent ‘ - thas opened the way to Com-
nee, Now Mr,:
Lawrence. suggests that the:
judges of the Supreme Court:
should be elected for limited
periods rather than appointed
for
. for handing down decisions
which do not appeal to Mr.
’ Lawrence. \
Iam not a lawyer and,
\ therefore, not really qualified
to address myself to the merits
" of the cases in question but it
seems to me that the very na-
ture of an action before the
Bupreme Court, or any other
court, involves differences: of
opinion and uncertainties re-
garding legal questions and
constitutional interpretations.
all doubts have not been re-
solved, Therefore, when a case
} finally comes to the Supreme
Court someone will be made
unhappy,*One of the two liti-
gants must lose the case. Now
} Mr. Lawrence thinks that the
Supreme Court decided wrong
in some recent cases. Had the
court decided the other way no
doubt some other people, may-
- be without access te a syn-
dieated column, would have
“oi { felt unhappy. Mr. Lawrence
«4 | seems particularly. unhappy
that the Court did not stick to
old precedents. Of course if
“the court would always be
obliged to do that we’ would
still have slavery and child
Jabor in the Bnited States. Mr.
Justice Harlan changed his
mind in one case. Is that un
Leonstitutional?
All of the above only means
that Mr. Lawrence is an
lopinonated man who does not
‘understand the function of ‘the .
‘Supreme Court in a democratic
society, but when he, as he
does, suggests that Justices:
Black and Frankfurter are,
had “past associations” with
‘Communists, he is, in my opin-
‘fon, way off base, Freedom of
ithe press, which is protected
‘Supreme Court, allows him
write as he does but suc!
Aancitul statement and ime
‘plications should not
challenged. On the other hand
it is really unnecessary to es
fend elther the Court or thé
Pe eee ssettaee = Mncthesa}!
; aicviduiel justices. Scribbiers
Jtke Mr. Lawrence come and
[Enea the Supreme Court my
-
u © Kotietielier 4
eealiteth alia daied emcee.
§
life. This is supposed to be
the punishment of the judges
Unless the Supreme Court
exercises original jurisdiction,
most of the cases have gone
through lower courts and still
Feo ding to David
Supreme Court
[eed the ‘effectiveness of |
} munists, traitors, disloyal citi-
‘ Tens and crooks of all kinds in
business and in labor—to “re-
fuse to answer” any question
7; Which the witness arbitrarily
i decides for himself is not “per-
tinent” to a legislative purpose.
For the most part as Mr.
Lawrence says, the Supreme
Court justices live in legal
“vacuums.” They display a
curious “unawareness” of the
actual operations of Commu- =
; mist subversion: . - >
During these perilous times,
goes any man or group of men, Ea
* charged with the terrible re- f
sponsibility of decisions vital
to the very life of our nation,
have & moral right to live in
any Kind of a “vacuum”, even
if he can?
Do we not have a right to
expect -that our leaders, par-
ticularly men appointed to high,
.
Nfe-time positions, accept the
Fe Be SEBS BT TERRE
_Tesponsibility to inform them-~
selves thoroughly on the “ac-
tual operations of Communist
subversion?” Particularly when
| they are in a position to hand -
* down decisions having a diréct |
"bearing on whether Commim
nism shall or shal not flourish .
i ,our American system of
fovermmentt
— ‘D. Sonnemann
; eee 8
Some readers took ' David
rence to task for his
understanding of the Wor
i jology.”
t is obvious from Mr. La
ce's column June 20
,
rs Wa “Ab 3
Radical Liberalism.”
rampage is eloquent
the fact.. In this
takes of on Chief.
justice Warren, saying that
“consistently follows the
radical line.”
In most dictionaries and ‘in
Most minds the word “redical”
Tefers to the advocacy of ex-
treme measures and, to use
the Vefinttion in Webster's Col-
leglate Dictionary, advocacy of
“sweeping changes in laws.”
Justice Warren's whole career,
including his present. service
on the Supreme Court, has ex-
emplifted anything but radical-
ism. He is a moderate, middle-
of-the-read individual, some-
times Ifberal, sometimes con-
servative, a
.Mr. Lawrence has what what
might be characterized as ao
“mote” in his mind. For a
number of years now he has
been running and rerunning
an editorial in his U, 8, News
& World Report entitled,
“Conservative Liberalism ‘vs,
Not once
does he ever go into the possi- |
bility that there also may be a
form of “radical conservatiam.”
That is Mr. Lawrence's mote,
if not his myopia,
There are courses in m
f the local universities
emantics J am sure. My ad
Mr. Lawrence: A refre
Curse,
r
Walter B. Smalley
Wash. Post and
Tele. Room —_
Times Herald
Wash. News
Wash. Star
so N. Y. Herald
Tribune
N, Y. Journal-
t
a
American
atta
. : w
+ bie ers
his _
WM. 1. MIfTOE
' N. Y. Daily News
N, Y. Times
1La- aes p Daily Worker
The Worker
eos RECORDED New Leader
44 JUL 83 1957
—_ —— ae Date
awe OS yl
om
LF
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