Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-06-24
Chances Grow Dim
For Amendments
On Supreme Court
By Robert K. Welsh

Chances of congressional
action on a proposed constitu-
tional amendment affecting the
Supreme Court grew DINNER
today, despite an opinion by
former Justice Owen ]. Roberts
that the tribunal stands in
ever present danger Of being
packed"
The veteran jurist who re-
signed from the bench after
serving for IS years warned
House judiciary subcommittee
that the high court could be
harmed not merely by increas-
ing it's size but also by narrow
ing its jurisdiction. Either move
could be made merely on a
congressional and presidential
whim for a change in existing
law. he said.
Mr.. Roberts, testifying before
the subcommittee yesterday,
urged House concurrence in a
Senate-approved constitutional
amendment resolution intro
duced by Senator Butler, Repub-
1ican of Maryland. The amend
ment would fix the size OF the
court at nine, require justices
and all other Federal judges to
retire at rs, and prevent Con-
gress from depriving the court
of its present power of appellate
review in all cases raising con-
stitutional questions.
Group Puts Of Action.
The subcommittee headed by
Representative McCulloch. Re
publican of Ohio, announced
later it would take no action for
at least two weeks. Meanwhile,
it invited interested persons or
groups to submit views on the
proposed amendment. The reso-
luton was passed by the Senate,
So to 10, on May II.
Because of the congressional
drive to adjourn by July 81
there was some doubt today that
the resolution could receive sub
committee and full committee
action as well as House passage
by the necessary two-thirds ma
iority before the end OF the ses-
sion.
Senator Butler, like Mr.. Rob-
erts, testified that the "inde-
pendence and integrity" OF the
Supreme Court would be
strengthened by specific constl-
tutional safeguards against
whiting it's jurisdiction no less
than cutting or increasing its
present size. The Maryland Sen
ator remarked that 1--WE must
close the back door as well as
the front door,"
Provision Dropped.
AS originally introduced the
amendment would have barred
justices from seeking political
office within five years after
Lowing the court. Senator But
Ter said he dropped that pro-
vision at the suggestion OF Re
publican leaders who thought 1t
would cause too much contro-
vcrcy.
Hfr. Roberts said he believes
e-,rreme Court justices never
should be eligible for po-
litical Office. He recalled that
when he was on the court in
the 193Os he was conscious OF
political pressure" of that kind.
He remarked that he felt
"some delicacy" about discussing
judicial ages but nevertheless
favored an age limit of rs even
at the risk of losing the services
of some notable jurists. He said
that only 81 of the approx
mately 100 men who served on
the Supreme Court stayed on
the bench after that age. and
several Of the 81 retired soon
after reaching that age.
Mr.. Roberts conceded that the
size and age of the courts mem
bership were easier to dramatic
than was the technical subject
of appellate jurisdiction. He in
sisted, however. that if the legis-
lative branch wanted to NEEDLE
dangerously in the judicial field
it could do so quickly and et-
fectively by trimming the Su-
preme Courts authority to con-
slider various types Of appeals.
He cited several such instances
or threats, particularly after the
fNi1yi1 Nor