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 on Justia

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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