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US. News & Worf Fepert Former Justice Reed Says: SUPREME COURT DECISIONS ARE NOT ALWAYS THE LAST WORD A A Now, ot a time when the Supreme Court's integrotion ruling is being criticized, comes this suggestion by a former Court member: “Wrong decisions” by the Supreme Court ore not necessarily final. They can—and should—be changed. oo Following ore excerpts from an oddress by Stanley F. Reed, retired Assaciote Justice of the U_$§. Supreme Court. before the State Bar of California in Monterey, Calif, Oct 3, 195?. Que needs ng citation of authesit tuo assert that ata doubh cifkoalt to secure a judgment by the Suprente Coturt everruling a former judgavent on constitutional questions Oceasionally ether means Gian ameudments are available tu overcame canstitutional depisions contrary to parpuses desired hy the people... . The sattion hay accepted the concluaon that the better way, When constitutionality ef action is doubtful, ts ta exer cise other admitted powers of legislation or to use the authori, of actmizistratien or to proceed bao litigation. sa that the test of constitutionality max arise in a jodietal pre. eveding The Court has avoided the impasse af anconstitutionahls by overruling print constitutional decisions, eaplicith: er by tinplication. 22. Lideed. cousidering the difficulties of constitutional aniend- ment, the rake of stare drctas ("te stand by decisions”) would not do for such decisions The dead would rule the div ing... The civihrights decisions of the Supreme Court have called forth hardy worded critteism. The objections procece chicky from those whose judicial philasopliv differs from Ohatoof the Cou nigqetities, but cdtiesin as one then tliat the Fust Armoudmest dloes not torlid. Fortunately, Awrenaps decisions are net uremediable, The evereuliang of eon stititional decriows when ther error becomes Wp p.UeTE as essential There is nothing pew in such criticism Jefferson wrote jn 1820 to Purvis: “You seen te consider the judies as the ultimate arbsteas of al coustitutarial qynestions, a very dare gerons doctrine mdecd, asd one which would plies uy ude: the despoten of wn oluenehy And salof Manbors ov. Madison: “Yet the case af Mae Pos and Studion is cominsaly cited) by bench amd boa asoibatoseere settled Bos, without ane animckerion an ips being merch an ebiter dissertation of the Chic! Jistee.” fe the bank felt follow ig SPCvMoch v Mias haw. up holding: the sabedity of (ae charter of the Bak of the (mates! 118 States, Fresideat) Jackser gave das siews Ou pule 1, 1832 Dood message fo Congress, be sad “Hethe opinion of the Supreme Court covered the whale dred ood Chis act it oneht net te cuutral the eq ordinate auithonbies at this Coserument The Caouvross, the Exec tree ad the Cretomast ach for ateelf be gaunded ba rts evn copinion ab the Censtituteind 2 Thee piu of fhe qiiltes fais ne ion wuithents aver Cangresy than the Open a Candeess fies oven tle queltes, andl an that pout the President is ondependent af Doth The authori of the Supreme Coot ust not, theretore. de permitted te control the Congess on the Exccutive wher acting a then Jegushative eupacities. Tut te fase ak auch ioffaence as the foree of their reasoning: mas deserve” / One hundred years age host July. Abraham Lineoto deasneed the Dred Scott devs and calle<] for ads aver nity “Suncbedy dias te reverse the edeasion, since it a made, and Awe TG fa Gy Gre Jt, aaa wseormenui to ales tt peace ubty 7 We should be cumined. but vat defeated, wath gon strtutonal oa other yachements of courts wlrichy are curtrus faconr eas views. Concorabh our Executece might refuse to execute haws he cecred unwise, the Congress iad oe (tse to pass am appropriation ar other billy far the Tomince af the Geveuanent, on the courts might refuse te apph lov ob which thes disapproved. Chaos would cesah from sas such msnse of passer with effects ae one need applause. sumce good sense oF all has brought about an ad. Hetment of diftercat vas points for the harmonious workny: of our svstem. Expenence has shown that the American pes le are not Lelpless aa such situations, oat courts adianiant fo creason. Wath talermce for those whe differ, with pstice teal, with ener tocight wrongs, the resellart will sured hea coutinmabon of the governmental principles that have bronght sa ani hoaf bberts and dieedom to America. What Abraham Lincoln said: Edo not forget the position, assumed by some. that constitutional questions ate to be decided by the Su preme Court. nor da I deny that such decisions must be binding in any case, upon the parties to a suit, as to the object of that suit, while they are also entitied to very high respect and consideration jn all parallel cases by ali other departments cf the Government And whale it is obviously possible that such decision may be erroneous in any given case, still the evil eect following it being limited to that partu ular case. with the chance §net it may be overruled and never become a precedent for other cases. can better be bore than could the evils of a different practice --Fromt bre at Donald's HAO Gieetcial Adress o U.S NEWS & WORLD REPORT. Oct IL, 19'-