JOINT ANTI-FASCIST REFUGEE COMMITTEE v. McGRATH, ATTORNEY GENERAL, ET AL. (341 U.S. 123)
U.S. Supreme Court · decided April 30, 1951 · Supreme Court Database (Spaeth)
- Citation
- 341 U.S. 123 · 71 S. Ct. 624
- Docket
- No. 8
- Argued
- October 11, 1950
- Decided
- April 30, 1951
- Term
- October Term 1950
- Vote
- 5–3
- Majority author
- Justice Burton
- Issue area
- Judicial Power
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
How the Justices voted
- Majority
- Justice Burton (wrote), Justice Douglas (wrote a concurrence)
- Concurring in the judgment
- Justice R. H. Jackson (wrote), Justice Frankfurter (wrote), Justice Black (wrote)
- Dissenting
- Chief Justice Vinson, Justice Minton, Justice Reed (wrote)
Opinion excerpt
Mr. Justice Burton announced the judgment of the Court and delivered the following opinion, in which Mr. Justice Douglas joins: In each of these cases the same issue is raised by the dismissal of a complaint for its failure to state a claim upon which relief can be granted. That issue is whether, in the face of the facts alleged in the complaint and therefore admitted by the motion to dismiss, the Attorney General of the United States has authority to include the complaining organization in a list of organizations designated by him as Communist and furnished by him to the Loyalty Review Board of the United States Civil Service Commission. He claims to derive authority to do this from the following provisions in Part III, § 3, of Executive Order No. 9835, issued by the President, March 21, 1947: “part III — RESPONSIBILITIES OF CIVIL SERVICE COMMISSION “3. The Loyalty Review Board shall currently be furnished by the Department of Justice the name of each foreign or domestic organization, association, movement, group or combination of persons which the Attorney General, after appropriate investigation and determination, designates as totalitarian, fascist, communist or subversive, or as having adopted a policy of advocating or approving the commission of acts of force or violence to deny others their rights under the Constitution of the United States, or as seeking to alter the…
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