Word: harlan
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Justice Tom Clark, joined by Justices Harlan and White in dissenting, was puzzled. "Which Communist Party member is worthy of trust?" he asked. "Since the party is a secret, conspiratorial organization subject to rigid discipline by Moscow, the Congress merely determined that it was not wise to take the risk which foreign travel by Communists entailed...
Strong Dissents. The four dissenting justices felt very strongly that there was something wrong with the majority's reasoning. The new ruling is unworkable, said Justice Byron White, "unless police cars are equipped with public defenders." Said Justice John Marshall Harlan: "I think the rule is most ill-conceived and that it seriously and unjustifiedly fetters perfectly legitimate methods of criminal law enforcement...
...These decisions give support to a current mistaken view of the Constitution and the constitutional function," said Justice John Marshall Harlan. "This view, in a nutshell, is that every major social ill in this country can find its cure in some constitutional 'principle,' and that this Court should 'take the lead' in promoting reform when other branches fail...
...Justice Harlan, in this instance, was addressing himself to the court's redistricting ruling (TIME, June 26), but his scarcely concealed scorn could apply to much of the Court's recent activity...
...Harlan's frequent dissents are his creed; he is the disciple of judicial restraint on a court that he finds increasingly willing to reshape just about everything that comes to its attention. In the judicial year that ended last week, Harlan wrote 20 dissenting opinions, twice as many as any other Justice. The year before, he wrote 22 dissents. Sometimes Harlan is supported in them by Justices White, Clark and Stewart, but he is regularly beaten by the five so-called "activists": Chief Justice War ren and Justices Douglas, Black, Brennan and Goldberg...