Word: harlan
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Dates: during 1950-1959
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...court-martial convicted Mrs. Covert of the ax murder of her husband, an Air Force master sergeant, in England. Last year the Supreme Court ruled that their military convictions and life sentences for murder were valid, with Justices Tom Clark, Harold Burton, Stanley Reed. Sherman Minton and John Marshall Harlan in the majority, and Chief Justice Earl Warren and Justices Hugo Black and William Douglas in the minority. (Justice Felix Frankfurter reserved his opinion, noting blandly that "wisdom, like good wine, requires maturing...
...President Harry Truman's Supreme Court back onto conservative paths. Replacing Vinson (deceased). Earl Warren joined with Old Liberals Black and Douglas to walk hand in hand in the direction of liberalism, and the bloc has been strengthened by Eisenhower-appointed Democrat Brennan. Justices Tom Clark, John Marshall Harlan or Felix Frankfurter go along with the solid, four-member liberal bloc often enough to make it a majority. Truman-appointed Republican Harold Burton has been virtually isolated as the court's only case-to-case conservative...
Concurrence & Dissent. Justices Burton and Harlan concurred in ordering a new trial for Jencks, but only on the ground that Trial Judge Thomason had erred in his definition of Communist Party membership to the jury. But, wrote Burton, the old judge-as-screener rule "respects the interests of justice by permitting an accused to receive all information necessary to his defense." And the court majority "goes beyond the request of [Jencks] that reports be produced for examination by the trial court and, in effect, seems to hold that the Government waives any privileges it may have with respect to documents...
...Under the 1903 Expediting Act, District Court judgments in civil antitrust suits can be appealed only to the Supreme Court, not to a Circuit Court of Appeals. †Clark disqualified himself because he was Attorney General when the Justice Department brought the suit in 1949. Harlan had represented Du Pont as a lawyer. Whittaker had not yet been appointed when the case was argued before the court. *In 1950, after the Government brought suit against Du Pont, Congress amended Section 7 to make it clearly applicable to vertical cases...
Some of the Supreme Court's language gave color to the idea that the court was reaching beyond a rule of law in an attempt to set a pattern of social behavior. The majority opinion, written by Justice John Marshall Harlan, favorably quoted Harvard Law Dean Erwin Griswold, a leading advocate of the anything-goes school of Fifth Amendment pleading. And a concurring opinion by Justice Hugo Black (with Chief Justice Earl Warren and Justices William Douglas and William J. Brennan) argued that the use of the Fifth Amendment should neither "discredit" nor "convict" any person...