Evening star., 1946-06-11
High Court Packing
Results Now in Open
Institution Reduced to Level oi
a legislative Chamber

SSssS 'NOV 7" SPCH
Institution Reduced to Level oi
Legislative Chamber
By David Laurence
Precedent. revered or otherwise
doesn't seem to have bothered the ap.
pointees of the late President Roose.
welt to the Supreme Court bench al
any time and the latest revelation
therefore, by Justice jackson of tn,
details of the feud inside the Cour
appears to be no exception.
The real difnculty is that the Roose.
welt appointees were not selected be.
cause of their judicial experience-fo.
they had virtually none-but because
they were partisans of particular
economic and political philosophy hell
by the man who appointed them.
Today-much sooner than was gen.
orally expected-the results Of tha
kind OF packing" of the court ar.
visible for all to see. A great institu.
tion Is reduced to the level of
legislative chamber where denuncia
tions and retorts are part Of the orde
of business and where the dispassion
ate role of neutrals is conspicuousI
absent.
Extraordinary Lobby.
The American people in the pas
have thought Of the Supreme Cour
as sacred institution where men for
got all partisanship and personal ambi
ton and gave their whole energies ant
thoughts to the business of impartia
handling Of the country's litigation
The view OF lawyers has been hereto.
fore that no matter what mans part,
relationships were before, when he tool
his seat on the Supreme Court bencl
ne was to be above prejudice or bias an,
above any pressure, certainly above an,
lobbying for or against the appointment
OF other justices when vacancies 90
CURED,
For the last few weeks Washineto,
has witnessed an extraordinary lobby
1t was a lobby for and a lobby agains
certain possible appointees to the vacaK
chief Justiceship. For q while, 1t locke,
as If Justice jackson would be chosen
He was the logical man. He Shout,
have had the post He Is by far tn
aolest man on the bench today. Blu
the radicals on the court didn't 1ih
that and their friends of the court kne,
exactly what to do and say to block tn
appointment.
News OF the feud spread all owe
Washington. The situation wasn't .
bad as it was painted by the rumor,
but when 1t became apparent that Presi
cent Truman was about to appoin
Justice jackson, the argument ran tha
the best way to end the friction was I.
select an outsider. This was q victor
for the anti-Jackson forces
Evidently Justice jackson decide,
that In the public interest the fact
now should be revealed. He knew h
would be criticized for taking the con
troversy to the people but, on the othe
hand. the gossip about the feud wa
bound to continue unless the facts wer
once and for all disclosed.
What will happen nov7 The ansve
to that question depends on the Hous
and Senate Judiciary Committees. Ju,
tice Jackson says he purposey witthek
his criticism till q successor 10 the lar
Chief Justice was nominated and ths
he has every reason to believe M,
Vinson will make an excellent presidin,
Judge. But at the same time Justio,
Jackson reveals As the basis Of tn,
quarrel his questioning Of Justice Black,
participation in cases in which nre
sumably he had a personal interest.
The Supreme Court doesn't have an,
rules which bar Justice from sittin,
on case IN which he may have ono,
had an indirect interest. Rather it \
left to each justice to disqualify him.
SELF II a Justice has stock or invest
ment or relative in a company which
has a case before the court or II th,
justice prepared brief in private prac.
tice rs litigant In the same case a,
even II he worked on it as a Govern.
ment lawyer, the custom is for him t.,
decline to sit and to let the other Justice,
decide the issue. Justice Jackson think,
Justice Black should not have particip.
ated IN case argued by his forne,
law partner.
Usually the public is not told tn,
reasons for disqualification or reason,
why Justices sit on cases in which ther,
IS some question about eligibility. wher
Justice jackson decided to carry tn,
issue to the public, he must have beer
convinced that Justice Black made ,
mistake Now it is up to the senat,
and House to consider what if anythins
Is to be done about the matter. Mean.
while. the public as a whole will wish
that Mr.. Roosevelt had appointed Jus.
tices instead of emotional crusaders and
partisans.
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