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The Supreme Court and McCarthy-Era RepressionOne Hundred Decisions$
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Robert M. Lichtman

Print publication date: 2012

Print ISBN-13: 9780252037009

Published to Illinois Scholarship Online: April 2017

DOI: 10.5406/illinois/9780252037009.001.0001

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The Coming of the Warren Court, the Emspak Trilogy, and Brown’s Consequences

The Coming of the Warren Court, the Emspak Trilogy, and Brown’s Consequences

(October Terms 1953 and 1954)

(p.64) 5 The Coming of the Warren Court, the Emspak Trilogy, and Brown’s Consequences
The Supreme Court and McCarthy-Era Repression

Robert M. Lichtman

University of Illinois Press

This chapter discusses the U.S. Supreme Court’s decisions during its October 1953 and 1954 terms. In the 1953 term, the Court issued signed decisions in only two “Communist” cases. Both were decided in the government’s favor by a divided Court, and the new chief justice voted with the majority each time. In Barsky v. Board of Regents the Court considered New York’s suspension of a medical doctor’s license solely because of his contempt-of-Congress conviction for refusing to produce to the House Un-American Activities Committee the records of an alleged Communist “front.” The term’s other “Communist” decision, Galvan v. Press, was a deportation case wherein a long-time resident alien was deported for having once been a Communist Party member. In 1954, the Court issued decisions in Emspak v. United States and in Brown.

Keywords:   Communist cases, Barsky v. Board of Regents, U.S. Supreme Court, House Un-American Activities Committee, McCarthy era, Galvan v. Press, deportation, Communist Party

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