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U.S. Supreme Court

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


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. 341 U. S. 124-125, 341 U. S. 142.

85 U.S.App.D.C. 255, 177 F.2d 79; 86 U.S.App.D.C. 287, 182 F.2d 368, reversed.

Page 341 U. S. 124

For the opinions of the Justices constituting the majority of the Court, see:

Opinion of MR. JUSTICE BURTON, joined by MR. JUSTICE DOUGLAS, pp. 341 U. S. 124-142.

Opinion of MR. JUSTIC BLACK, pp. 341 U. S. 142-149.

Opinion of MR. JUSTICE FRANKFURTER, pp. 341 U. S. 149-174.

Opinion of MR. JUSTICE DOUGLAS, pp. 341 U. S. 174-183.

Opinion of MR. JUSTICE JACKSON, pp. 341 U. S. 183187.

For the dissenting opinion of MR. JUSTIC REED, joined by THE CHIEF JUSTICE and MR. JUSTICE MINTON, see pp. 341 U. S. 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. 341 U. S. 130-135. Reversed and remanded, p. 341 U. S. 142.

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