Word: harlan
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Dedicated Lawyer Sir: Your article on Pointer v. Texas [April 16] was as clear and as accurate a summary of the Supreme Court's opinion as could have been written. I remember when Orville A. Harlan was appointed to represent Pointer in his appeal. Harlan was handling a number of appeals for various indigents-a burden borne by a very small percentage of the bar in this community. After Mr. Harlan entered the Pointer case, he not only expended far more than the $100 paid him by the state, but the time devoted to briefing and arguing the case...
Speaking for the court, Justice John M. Harlan last week seemed at first to be sympathetic to Ervin's pitch. "An employer has the absolute right to terminate his entire business for any reason he pleases," ruled Harlan. To hold otherwise "would represent such a startling innovation that it should not be entertained without the clearest manifestation of legislative intent or unequivocal judicial precedent...
That said, Harlan then proceeded to reject Ervin's case. "A partial closing is an unfair labor practice," Harlan ruled, "if motivated by a purpose to chill unionism in any of the remaining plants of the single employer and if the employer may reasonably have foreseen that such closing will likely have that effect...
...Darlington itself, Harlan ordered the NLRB to further probe "the purpose and effect" of the closing in relation to the combine's other workers. He left open for future review by the lower court the board's finding that Darlington was an integral part of Deering Milliken. Although this may yet bring the case back to the Supreme Court, the union joyously hailed the Darlington decision as a Waterloo for "large union-busting textile complexes in the South," which "can no longer play musical chairs with workers' lives and the welfare of textile communities...
...biting dissent, Justice John M. Harlan called the majority's reasoning "revolutionary" in its voiding of state convictions. Justice Hugo Black was even more scathing. "It certainly relieves us of work to abate these so-called sit-in cases," he commented in court. But, he contended in his written dissent: "I do not find one paragraph, one sentence, one clause, or one word in the 1964 Act on which the most strained efforts of the most fertile imagination could support such a conclusion. The idea that Congress has power to accomplish such a result has no precedent...