The people's voice. [volume] (Helena, Mont.) 1939-1969, 1958-12-12

Belt, and Montana State University
Law School graduate. He was ap-
pointed clerk of the U. S. Supreme
Court last summer. He formerly held
top administrative positions in the
Department of Justice, lectured on
law at Georgetown University and
practiced in Washington
My first three months of service
as Clerk of the Supreme Court of the
United States have been impressive
and stimulating even beyond my ex-
pectations.
The United States is the worlds
leading nation-and the Supreme
Court is it's highest judicial tribunal.
The Court is housed in a classic mar
BILE structure of outstanding beauty.
The proceedings of the Court are
marked with an impressive formality
and dignity. The cases before the
Court concern the great and contro-
versial issues of our time. AS Attorney
General Wickersham has said of the
Supreme Court, in the largest pro-
portion of causes submitted to it's
judgment, every decision becomes a
page of history" Within a week of
my arrival I participated in the call
ing of a special term of the court to
hear the Little Rock school integra-
ton case; and the cases which fol-
lowed in the regular term have been
of similar if not equal Importance.
Yet for me the real drama of the
Court is not found in any of these
things. We accept Americas position
Of world leadership as matter of
course: Washington abounds in po-
,ent governmental agencies and ap-
oropriately magnificent buildings;
and, as a lawyer, l was well aware
hat the Supreme Court of the United
States has been a center of contro-
7ersy throughout its history, and in
must continue to be so long
Is it performs it's proper function. AS
Mr.. Justice Douglas recently re-
marked, the Supreme Court ideals
With problems which divide communi-
les"
What have found impressive, and,
indeed, inspiring are the simple facts
# the Courts day-in-day-ou func-
tremendous tasks which
he Court routinely performs and the
atmosphere in which that work is
one. During it's last annual term the
court disposed of 1871 separate
asses. Each Justice-and I do. not
mean a law clerk or someone else
citing for the Justice, but each JUS
ice personally-considered the is
ues presented in each of these 1882
asses to determine whether they were
f sufficient general public import
nee to warrant oral argument and
uil review. This flow of petitions,
ecords, and briefs pours in upon the
Justices in an uninterrupted stream,
I the summer vacation as well as
uring the rest of the year, wherever {
ne Justices may happen to be.
The Court selected POT of the 1872
asses for full review and re-determi-
alton. In all of the selected cases
ne Court considered the records '
rom the lower court plus new set {
f printed briefs, and in over half t
f them the Court also heard oral
rgument by counsel for both parties {
efore reaching its decision. E
The cases which the Court selects i
or full review are rarely easy to e
ecide. 1t is simple truth that there g
re two sides to most questions, and |
the nature Of things the cases sub t
tilted to the Supreme Court are q
lose in which the disputed issues are t
lie most nearly balanced and so the t
ost difficult of resolution. Nor is i
enough simply to decide the given II
sc. When the Court disposes of a C
Sc after full review it must give its t
asons for each decision for the guild C
ice Of courts and counsel in other
ses. During the last year the JUS p
les prepared 203 written opinions, a
ling 608 closely printed pages. a
Despite this workload the Supreme ii
,urt is current in the discharge of n
responsibilities AS Of the close Of Ii
st term, the Court had heard and l
cided all cases which were ready t;
r submission, except two which were Il
for reargument. d
| have learned that, in human a