Evening star., 1945-02-04
Supreme Court Rutio
Of Dissents IS High

Supreme Court kotio
Of Dissents IS High
Language of Opinions Grows
More Temperate, However.
By J. A. For. 4
AS the Supreme Court rounds the
halfway mark Of the current term, q
high ratio Of dissents continues to ac-
centuate the division within the tri-
bunal, but the amenities of the bench
are being observed to greater degree
than was true last year, when opinions
on occasion bore pronounced Kilkenny
flavor.
Moving at tagging pace, the court
has disposed of approximately 50 cases
with IS majority opinions and q
half dozen per curialn opinions. There
have been SO individual dissents and
liberal sprinkling Of concurrences which
usually put the author on record as
agreeing with the conclusions reached,
but disagreeing with the reasons for
them.
The court has been unanimous about
60 per cent Of the time, which Is
much better showing than In the last
term, and only in three or four instances
have peppery exchanges taken place
between majority and minority. Almost
invariably. however, there have been
pronounced splits in the cases involving
the greatest public interest.
For example, the court has handed
down seven 5-to-4 decisions, Of which
at least five dealt with highly important
issues. BY this narrow margin, the court
cast doubt on the constitutionality of
the Texas law requiring the registra-
ton of paid labor organizers; ruled that
an employer could be held liable for
reputedly unfair employment practices
fostered by q union which had won
a closed shop agreement through the
regular processes Of the National Labor
Relations Board; said that an act OF
violence was not necessary to establish
draft law conspiracy; denied the right
of candidate for State Office to claim
income tax exemption for campaign
expenditures, and held that Western
Union messengers were not subject to
the child labor provisions of the Wage
and Hour Act.
Clashing views on civil liberties also
have continued strongly in evidence,
with Justice Murphy, running true to
form, often willing to go step further
than his brethern in defending the
guarantees Of the Bill Of Rights.
The principal civil rights case coming
before the court this term, however.
brought about an unusual division, with
Justice Black, ordinarily an outstanding
champion of racial and religious minor
tiles, writing the 6-to-3 opinion uphold
ing the exclusion of American citizens
Of Japanese origin from West Coast
military areas, and Justice Roberts,
Murphy and jackson dissenting. The
court, however, evaded the broad con-
stitutional issue there.
Justice Roberts, last but one-Chief
Justice Stone Is the other-of the Re-
publican appointees on the high tri-
bunal, continues to be the leading dis
senter, with 13 so far this year as COM
pared with 36 at the last term The
Chief Justice. and Justice Black have
dissented eight times each, Justices
Frankfurter and Rutledge, six; Justices
Douglas and Jackson, five, and Justices
Reed and Murphy, four each. Justice
Roberts also has written the most
majority opinions-10.
Chief Justice Stone and Justice Rob-
erts have been together six times on
dissents and Justices Roberts and Frank
furter five. Justices Black and Douglas,
who generally see eye to eye, have joined
in four dissents. Chief Justice Stone
and Justice Frankfurter have been to-
gether three times, as have Justices
Douglas and Rutledge. Otherwise, there
have been scattered pairings, but Chief
Justice Stone has never been coupled
with Justices Black or Murphy, nor has
Justice Roberts been on the dissenting
side with Justices Black or Douglas.
The latter two have never been in a
minority with Justice Frankfurter.
The widest cleavage in the court is
reflected by the votes of four men
Justices Roberts and Frankfurter on the
one side, and Justices Black and Douglas
on the other. Justice Roberts has reg
tstered five Of his dissents from ma,
jority opinions by Justice Black, and
four from those Of Justice Douglas.
Justice Black has dissented from Justice
Roberts opinions three times and twice
from those of Justice Frankfurter. The
latter has dissented from three Of
Justice Douglas opinions. and Justice
Douglas has dissented from two opinions
each by Justices Roberts and Frank
furter.
Any given issue is liable to find these
two groupings in opposite corners, and
Justices Black and Douglas are Joined
not infrequently by Justices Murphy
and Rutledge to form little to the left
of center" bloc. The other justices do
not conform SO nearly to pattern.
These differences no doubt nave their
effect on the courts work, cases some
times being left hanging for months
after argument without decision, and,
even then. being settled only after re-
argument. Right now there is q back
log of more than 40 cases awaiting
action, and . dozen Of these were
argued three months or more ago. Nat
urally, when the issues are compli.