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Joint Anti-Fascist Refugee Committee v. McGrath, 341 U.S. 123 (1951)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Joint Anti-Fascist Refugee Committee v. McGrath, 341 U.S. 123 (1951)
Joint Anti-Fascist Refugee Committee v. McGrath No. 8 Argued October 11, 1950 Decided April 30, 1951 * 341 U.S. 123
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Syllabus
Purporting to act under Part III, § 3 of Executive Order No. 9835, the Attorney General, without notice or hearing, designated the three petitioner organizations as Communist in a list furnished to the Loyalty Review Board for use in connection with determinations of disloyalty of government employees. The Board disseminated the list to all departments and agencies of the Government. Petitioners sued for declaratory judgments and injunctive relief. They alleged that their organizations were engaged in charitable or civic activities or in the business of fraternal insurance; all three implied an attitude of cooperation and helpfulness, rather than one of hostility or disloyalty toward the United States; and two expressly alleged that their respective organizations were not within any classification listed in Part III, § 3 of the Order. Petitioners further alleged that the actions of the Attorney General and the Board greatly hampered their activities and deprived them of rights in violation of the Constitution; that the Executive Order violates the First, Fifth, Ninth, and Tenth Amendments to the Constitution; that § 9A of the Hatch Act, as construed and applied, is void; and that petitioners were suffering irreparable injury and had no adequate remedy at law. The District Court granted motions to dismiss the complaints for failure to state claims upon which relief could be granted. The Court of Appeals affirmed.
Held: The judgments are reversed, and the cases are remanded to the District Court with instructions to deny the motions that the complaints be dismissed for failure to state claims upon which relief could be granted. Pp. 124-125, 142.
85 U.S.App.D.C. 255, 177 F.2d 79; 86 U.S.App.D.C. 287, 182 F.2d 368, reversed.
For the opinions of the Justices constituting the majority of the Court, see:
Opinion of MR. JUSTICE BURTON, joined by MR. JUSTICE DOUGLAS, pp. 124-142.
Opinion of MR. JUSTIC BLACK, pp. 142-149.
Opinion of MR. JUSTICE FRANKFURTER, pp. 149-174.
Opinion of MR. JUSTICE DOUGLAS, pp. 174-183.
Opinion of MR. JUSTICE JACKSON, pp. 183187.
For the dissenting opinion of MR. JUSTIC REED, joined by THE CHIEF JUSTICE and MR. JUSTICE MINTON, see pp. 187-213.
MR. JUSTICE CLARK took no part in the consideration or decision of any of these cases.
The cases are stated in the opinion of MR. JUSTICE BURTON, pp. 130-135. Reversed and remanded, p. 142.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Joint Anti-Fascist Refugee Committee v. McGrath, 341 U.S. 123 (1951) in 341 U.S. 123 341 U.S. 124. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=S568BXDFC2ZT8YX.
MLA: U.S. Supreme Court. "Syllabus." Joint Anti-Fascist Refugee Committee v. McGrath, 341 U.S. 123 (1951), in 341 U.S. 123, page 341 U.S. 124. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=S568BXDFC2ZT8YX.
Harvard: U.S. Supreme Court, 'Syllabus' in Joint Anti-Fascist Refugee Committee v. McGrath, 341 U.S. 123 (1951). cited in 1951, 341 U.S. 123, pp.341 U.S. 124. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=S568BXDFC2ZT8YX.
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