The Supreme Court and McCarthy-era repression
Subtitle: one hundred decisions
By: Robert M. Lichtman
Publisher: University of Illinois Press
Published: 2012
Place of publication: Urbana
Language: eng
Number of pages: 312
ISBN-13: 9780252037009; 9780252094125
Subjects: Politics and government; Civil rights; United States. Supreme Court; United States; Cases; History
Description: "In Fred Vinson's term as chief justice (1946-53), the court largely rubber-stamped government action against accused Communists and 'subversives.' After Earl Warren replaced Vinson as chief justice in 1953, however, the Court began to rule against the government in 'Communist' cases, choosing the narrowest of grounds but nonetheless outraging public opinion and provoking fierce attacks from the press and Congress. Legislation to curb the Court flooded Congress and seemed certain to be enacted. The Court's situation was aggravated by its 1954 school-desegregation decision, Brown v. Board of Education, which led to an anti-Court alliance between southern Democrats and anti-Communists in both parties. Although Lyndon Johnson's remarkable talents as Senate majority leader saved the Court from highly punitive legislation, the attacks caused the Court to retreat, with Felix Frankfurter leading a five-justice majority that decided major constitutional issues for the government and effectively nullified earlier decisions. Only after August 1962, when Frankfurter retired and was replaced by Arthur Goldberg, did the Court again begin to vindicate individual rights in 'Communist' cases--its McCarthy era was over"--Provided by publisher.
Notes: Includes bibliographical references and index.
Table of contents: title: Introduction : political repression and court-curbing; title: Defining the McCarthy era; title: The justices of the Vinson court, Douds, and the start of the court's McCarthy era (October 1949 term); title: Dennis, the Attorney General's list, loyalty programs, contempts, and more (October term 1950); title: Deportations, fallout from Dennis, and the Rosenberg case (October terms 1951 and 1952, special term 1953); title: The coming of the Warren court, the Emspak trilogy, and Brown's consequences (October terms 1953 and 1954); title: Nelson, Cole v. Young, and the beginning of the campaign against the court (October 1955 term); title: "Red Monday," Jencks, and a crescendo of anti-court attacks (October term 1956); title: Beilan, Lerner, and the court's shift, passport cases, and Congress's court-curbing climax (October term 1957); title: Barenblatt, Uphaus, the court in retreat (October terms 1958 and 1959); title: Scales and CPUSA, Wilkinson and Braden, Konigsberg II and Anastaplo, a full-scale retreat (October term 1960); title: Frankfurter's departure, a near-decision in Gibson, and the era's end ()ctober term 1961); title: Epilogue : Vietnam-war decisions and some observations.