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Supreme Court — Part 26
Page 30
30 / 116
LU S.News & World Report
@
Chief Justice Warren
a
THE MAN IN THE NEWS
A COURT UNDER FIRE
After two decades, there's trouble again
about the Supreme Court. It’s under fire, and
$0, too, is its Chief Justice, Earl Warren.
Critics are accusing the Court of making its
own laws, of rewriting the Constitution to fit
its own philosophies.
The 1937 attack on the Court came from
middle of a squabble, the target of an
attack that shows) no signs of abating.
Much of the criticism is directed at the
high tribunal's top> iman, Chief Justice
Earl Warren.
Mr. Warren, in’ his nearly four and
a half years in’ office, has led. many
critics say, a “revolution” in the Court's
attitudes on issues affecting mumerous
groups and individuals, As things stand:
® The South is agitated over racial in-
tegration in the schools.
® Congress is aroused over limitations
on the powers of its investigating com-
mittees and the Government's right to
fire employes accused of subversion.
® Law-enforcement _ officials
complain of decisions that make it
harder to obtain the conviction of
admitted criminals.
e State anthorities are — dis-
pleased over rulings that make
federal enactments supreme over
State laws in the field of sub-
version.
® Lawyers assert that long-
standing precedents have been
struck down, that the Court has
been writiag. its awn laws, its own
wnendments to the Constitution.
Echoes of FDR baitle. All this,
Tor many im the capital, is sharply
reminiscent. It was only 21 vears
ago that the Court was ina power
struggle with President Franklin
D. Roosevelt. The Court was strik-
ing duwn one New Deal enact-
ment after anather,
Mr. Roosevelt, brougot forth his
“Court packing” plan. The Senate,
after a prolonged! and famous bat-
38
Te SUPREME COURT again, is inthe
age err
yg ~C nt eo
the New Dealers. President Roosevelt produced
his ‘Court packing” propose! which was de-
feated in the Senate. Today, it's the more “’con-
servative” elements that are dissatisfied. 3
Mr. Warren i ,
the leader in major shifts of the Court's posi-
tion.
the. defeated it. But Mi. Roosevell won
in the end. Chief Justice Chaules Evans
Jlughes shifted his ground, led the Court
to a more moderate attitude toward the
New Deal) Meanwhile, retirements and
deaths gave Mr. Roosevelt an opportu-
nity to appoint new members.
in that battle, it was the “liberals” in
Congress who were attacking the Court.
Today, it is the “conservatives.” aroused
at the changes the present Court has
made.
Chicf Justice Warren has had a hand
in bringing about most of the changes in-
volved in these complaints. The changes
have occurred since he took office in the
_Earl Warren: Chief Justice, chief target
SB a,
TTSNEWR Pho
ry
“sent otal. lee the
autumn of 1953, as President Eisen-
hower’s first appointee to the High Court.
Nearly all the changes have come with
his approving vote.
Critics in Congress, for the mast purt,
ate Southerners, who dissent on the
school-integrution decision, and “con-
servatives” from the North. Meanwhile,
there also are indications that the Ad-
ministration is none too happy over some
Court rulings.
Moves te curb Court. Congressional
critics are fostering legislation to fence
the Court out of areas into which some
of its decisions under Chief Justice War-
ren have moved,
Senator William E. Jenner (Rep.),
of Indiana, last week was pushing a
bill to forbid Supreme Court review
in these fields: Cases arising from
congressional investigations and ci-
tations for contempt of Congress.
The antisubversion program — for
federa —eimpln oves. State Jaws deal-
ing with subversion. School-board
regulations having ta do with sub-
versive activities by teachers. The
admission of Lawyers to practice in
State courts.
The Jenner bill has attracted
wide attention and substantial
support, But it alse has drawn the
disapproval of the Adiministration
aud the American Bar Association,
measure will be approved, but the
support it is receiy ing is Considered
indicative of the prevalent dis
satisfactions with the Court,
Question of experience. Other
measures are pending, too. One
would deny the federal courts
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