Word: hugo
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Dates: during 1950-1959
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...that Secretary Dulles was justified in denying passports to New York Artist Rockwell Kent and Los Angeles Psychiatrist Walter Briehl in 1955, when they refused to sign non-Communist affidavits. Net of the majority opinion, written by Justice William O. Douglas, with Chief Justice Earl Warren, Justices Felix Frankfurter, Hugo Black, William Brennan concurring: passport legislation, jelling into the Passport Acts of 1926 and 1952, authorized the Secretary to deny passports in peacetime only to 1) noncitizens, 2) citizens engaged in illegal activity...
Chief Justice Earl Warren and Justice William O. Douglas dissented. (Justice Hugo Black had disqualified himself.) Congress, argued Warren, set up the NLRB consciously as a device to "balance the competing interests of employee, union and management." For state courts to offer additional remedies could well destroy the delicate balance and frustrate the NLRB's decisions. Moreover, if non-strikers were encouraged to sue in state courts, labor unions would be under the threat of "staggering" financial losses, would have to be so cautious they might end up concluding that even federally protected union activities, i.e., peaceable striking...
...next day, convicted of desertion and sent out with a dishonorable discharge. In 1952 he applied for a passport and was refused on grounds, clearly supported by a congressional act, that his desertion had cost him his citizenship. Chief Justice Earl Warren wrote the majority opinion, with Justices Hugo Black, William O. Douglas and Charles Evans Whittaker joining. William Brennan concurred. Felix Frankfurter, Harold Burton, Tom Clark and John Marshall Harlan dissented. The upshot: 5 to 4 in favor of citizenship for Trop...
...majority opinion, written by Justice John Marshall Harlan, cited the overwhelming precedent upholding criminal-contempt convictions without juries. Justice William J. Brennan reserved his opinion on the constitutional points involved, dissented on the ground of insufficient evidence. But Hugo Black wrote a dissenting opinion for himself, Chief Justice Earl Warren and William Douglas, which struck at the foundations of the judiciary's enforcement powers. Wrote Black: "The power of a judge to inflict punishment for criminal contempt by means of a summary proceeding stands as an anomaly in the law . . . No official, regardless of his position or the purity...
...Sinew of the Law." What Hugo Black and dissenting brethren did not concede was that by attempting to wipe out by judicial decree the principle and practice of centuries, they were arrogating to themselves a very real sort of omnipotence. That fact was pointed out in an opinion, concurring with the majority, by Felix Frankfurter: "To be sure, it is never too late for this court to correct a misconception in an occasional decision. [But] to say that everybody on the court has been wrong for 150 years and that that which has been deemed part of the bone...