Evening star., 1950-06-11

ances. At least requests for re-
hearings are in order.
That doesn't mean there will bt
a carbon copy court. materia
duplication of dockets. or undue
crowding Of the calendar.
Contentious thus far scheduled
for study. if not settlement, seem
as complicated as the biggest o1
those the tribunal decided during
the last eight months. But no dis
couragingly thick legal shadows
or distressing storm signals are be-
ing cast at the moment.
The main different may be that
controversies are fitting into more
readily-handled patterns-even il
the job of solving them will be no
easier than before. ~
The tribunal lately has built a
body of precedent that could help
in considering urgent situations,
notably affecting civil rights. That
was evident this year in disposal
OF appeals by balky witnesses at
congressional and judicial pro-
ceedings. 1t may become still more
pronounced next year in new cases
involving Communist Affiliations,
aims and operations.
Another sort of pattern has
been developing. so far as the
court itself is concerned. The re-
cent term seemed the most har.
monious in several years. Split
decisions and written dissents con-
tinued in profusion. The justices
differed vigorously. On occasion
some expressed themselves point
edly in opposition to colleagues.
Few Feuds Noticed
The layman. however, saw fewer
signs of the "feuds" and uncom-
promising cleavages that report
edly rent the bench not so lone
ago. AS indicated in the unani-
nous decisions OIL the school anc
railroad dining car segregation
cases. conciliation has been gain
ing.
To what extent this resulted
from the soothing efforts of Chief
Justice Vinson or the attitude OF
the courts two newest members,
Justices Clark and Minton, must
remain . pertinent but officially
unanswered question.
In any event, those two JUS
tices-who produced a large num-
Der Of written opinions for first
year men-have shown compara-
lively conservative tendencies.
They undoubtedly pushed major
ity alignmerts farther from the
one-tin1e compelling influence of
the liberal wing" that consisted
Of Justices Black and Douglas and
the late Justices Murphy and Rut-
ledge.
BY no reach Of the imagination
can Justices Clark and Minton be
described as reactionaries. Neither
has veered far to the left or right
OF center. If anything, they per-
sonify what has been called the
Truman court" as distinguished
from the Roosevelt court"
The return of Justice Douglas
bolstered the liberal wing" al
though presumably not enough to
assure reargument of some of the
earlier close decisions. After
spending several months recover
ing from a riding accident, he
came back with every indication
that he means to take a major
role in graphing with the difficult
and highly explosive issues.
Personal Rights Issue
AS matters shape up now, one
Of the prime puzzles of the 1950-5l
term can safely be cited in ad-
vance. That will be how to pro-
tect personal and political rights
guaranteed by the Constitution
and at the same time to safe
guard the governments unques-
toned right to protect itself-not
alone from violent attack, but
from hostile infiltration.
At the foot of that intricate
riddle are three appeals the court
has accepted for argument. They
are Miss Dorothy Bailey's attack
on Federal Loyalty Board orders
dismissing her from a Govern.
ment job, and the Joint Anti.
Fascist Refugee Committee anc
the National Council for Ameri.
can-Soviet Friendship fight against
the Attorney Generals "subver.
sive list"
While those cases cover specia
circumstances and arguments
they ask the Supreme Court fol
clear-cut answers to any or al
of the following main questions
Did the President have consti-
tutional and statutory authority
to issue an executive order setting
up the loyalty program and its
review board system? Did the
President and the Attorney Gen.
eral have power to compile a list
of "suhversive" organizations?
Can the Government discharge
an employe without giving an op.
portunity to hear detailed charges
and know the accusers and the
source Of information that lee
offlcials to have a reasonable
doubt" about the employees 10y.
atty? Does an employe, so dis.
missed, have a right to cour1
review of such evidence and pro.
ceedings?
Communist Case Likely
A related question will come ur
when the court hears argument.
on whether a grand jury witnes.
can be held in contempt for re.
fuSal to reply to queries abou
Communist Party membership.
Before the Supreme Court re,
cesses in June. 1851, 1t conceivabl,
could be asked to consider case,