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0-19 (Rev. 10-28-57) a ee ‘ Asean!§ on Justice “ ~ AS the denate incernas secubiy Subcommittee ed hearings on the Jenner bill to undercut thé-Supreme Court. it heard a novel argument to the effect that the measure is unconstitutional. The leading testimony this time is very different from that offered last year when the Suhcommittee heard only the author of ihe bill and a staff mem- her and then reported it favorably. Leaving aside the arguments of the extreme rightists, the bill is now being accurately pictured as a fagrant attack upon our constitutional systear. Mr. Jenner's bill would deprive the Supreme Court of jurisdiction to hear cases in five specified categories. What it means is that the Senator wishes to discipline the Court for handing down various liberal decisions with which he disagrees and to prevent it from deciding similar cases in the future. His excuse for using this method is that Congress once before, in 1868, withdrew the jurisdiction of the Court to hear a habeas corpus case and the Court bowed to that edict. Because of the unanimity of the Court in that case and the recognition by the Court in other cases that Con- gress may curtail its jurisdiction, there has been a widespread assumption that the Jenner bill would be upheld if passed. Attorney Joseph L. Rauh, who analyzed the bill for Amerjcans for Democratic Action, has serious doubts on this point. He recognized the sweer of the language i i which the ¢ Constitution wives the Supreme Court appellate jurisdiction (in all cases in which it does not have original jurisdic- tion} “with such exceptions and under such regu- lations as the Congress shall make." But he also pointed to Chief Justice Marshall's intimation that mie Congress could not deprive the Supreme Court of all its appellate jurisdiction. Other authorities argue that the Founding Fathers could not have intended to leave in the hands of Congress the power to destroy the role of the supreme Court in the constitutional system. Certainly a strong argument can be made along this line, although it runs against some very spe- cific Janguage in the Constitution. We surmise that the Founding Fathers did intend to leave Congress discretion in adjusting the jurisdiction of the Supreme Court, a very dubious decision indeed, but they also expected Congress to exer- cise common sense. The fact that Congvess has ventured into this delicate area only once and has since been thoroughly ashamed of its conduct should be sufficient answer to Mr. Jenner. Regard- Iess of what the present Supreme Court might do if the broad issue raised by the Jenner. bill _ should ever reach it, the Judiciary Committee itself should bury this antijustice maseuver under such a mountain of opprobrium that no future legisletog.aill be inclined to revives ong . ’ . . males SSD yo 4 “oisorm yA -" 2 spar an ¢ For a a A A . iad - ! Bonen & Ra Trotter Clayton _+ Xv Tele. Room Holloman Sandy ALEC A NAOT “BESORNTED AF MARRS 19965" Wash, Post and Times Herald Wash, News —— Wash. Star N. ¥. Heratd — Tribune N.Y. Journal-_ American N.Y. Mirror .— W. Y, Daily Ne N.Y. Times — Daily Worker — The Worker __— New Leader —