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9 Civ. Lib. Dock. [i] (1963-1964)

handle is hein.civil/cvlibdok0009 and id is 1 raw text is: 






CIVIL LIBERVI  DOCKET


VOL. IX, Nos. 1 AND 2


HIGHLIGHTS !)rTl TlrS '!1fE


DECEMBER, 1963


                   A Time for Eloquence
   If there were time, one could write with magic fingers about
 the 150 new cases described in this issue, and about many of
 the decisions in pending cases.

   The group of decisions by the Court of Appeals in Wash-
 ington on the orders requiring organizations -to register as
 Communist fronts after hearings before the Subversive
 Activities Control Board deserve careful reading and deep
 thought by all constitutional lawyers. 211.1 a-211.14.

   This is particularly essential because Louisiana has just
brought charges against two members of the bar active in
integration work, and the charges are based on the state's
little McCarran and Smith Acts. See cases at 245.16.

   This issue also reports that there has been no desegregation
of the schools in Clarendon County, and, in Prince Edward
County, there have been no schools at all since 1959-no pub-
lic schools, that is. Yet both of these school districts were
ordered by the Supreme Court in 1954 to desegregate with
all deliberate speed. Briggs, 522.S.C.1; Griffin, 522.Va.1.
Circuit Judge Bell was moved to dissent in the latest decision
in Griffin, saying: It is tragic that since 1959 the children of
Prince Edward County have gone without formal education.
Here is a truly shocking example of the law's delays. In the
scales of justice the doctrine of abstention should not weigh
heavily against the rights of these children.

               But There Is Not Enough Time
  Where does a lawyer belong? In his office, consulting with
clients? In the library, conceiving new legal theories? In his
home, relaxing and broadening his interests, educating his
children and sharing himself with his wife?

  Or should he be at a PTA meeting working for merger
of the National Congress of Parents and Teachers (repre-


senting northern and western parents and southern white
parents) and the National Congress of Colored Parents and
Teachers (representing Negro parents and teachers in states
with de jure segregated schools)?

   Should he attend a meeting of the Board of Education to
 present his views on the Board's proposed integration plan?

   Or broadcast an analysis of the new state Fair Housing
Law (or, in California, on the initiative to repeal the law
just passed) ?

   Should he be preparing an amicus brief for an organization
to file in a case which has captured his conscience, though
he has never met the client and the court is far outside his
jurisdiction?

   Or should he be attending his local bar association and
there asking questions about the quality of justice in his own
bailiwick and in the cities he has read about in the morning
paper? Should he be volunteering for service on the bar com-
mittee to try out release on own recognizance (as was done
in the Manhattan bail project last year)? Or for the lawyers
panel to aid indigent defendants, to carry Gideon v. Wain-
wright into reality?

  The editor has no answers to these questions, and the late-
ness of this issue attests to the editor's inability to exclude any
of these activities.

  It is clear that a person cannot do all of these things and
simultaneously edit a Docket for lawyers on all of the cases
related to these issues.

  And it is even clearer that more lawyers are needed to
help-to represent clients on constitutional questions, to write
briefs (amicus and otherwise), to research, to write, to speak.

                 This Is a Time To Begin!

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