Carol Weiss King
Encyclopedia
Carol Weiss King was a well known immigration lawyer and a founding member of the National Lawyer's Guild in the United States. Her Left-leaning career spans from the Palmer Raids
to the McCarthy Era.
Weiss graduated from Barnard College
in 1916. She married Gordon King in 1917. Her husband died of pneumonia in 1930, leaving her a widow with one son--and her work.
Early in her career, she formed a "loose partnership" with radical attorneys. These included Joseph Brodsky
, Swinburne Hale, Walter Nelles
, and Isaac Shorr. One of Carol Weiss King's first and most durable relationships was with Walter Pollak, a onetime partner of Benjamin Cardozo, whom she met through her brother-in-law Carl Stern. The three of them -- King Pollak, and Stern -- worked on the Scottsboro Boys
cases, which Pollak successfully argued in the U.S. Supreme Court, among other cases.
King also associated with left-wing activists, including members of the Communist Party of the United States of America. She edited the Law and Freedom Bulletin (1924-1931) -- an important digest of the American Civil Liberties Union
that recorded state and federal cases involving significant questions of constitutional law. She became a founder and principal of the International Juridical Association and the National Lawyers Guild.
In her 30-year career, she represented hundreds of foreign-born radicals threatened with deportation in administrative proceedings in the lower courts and in the Supreme Court. In 1942, she became general counsel to the American Committee for the Foreign Born.
King's best-known client was union leader Harry Bridges
, who faced deportation in 1938 for alleged membership in the Communist Party. The case reached the Supreme Court of the United States
, which reversed the deportation order during World War II.
Her representation of Communist Party leader William Schneiderman exemplifies her success in enlisting other (male) attorneys to work for free on key constitutional cases -- in this case, recruiting Wendell Willkie
, the 1940 Republican Party
presidential nominee, to represent Schneiderman before the Supreme Court. King won this case in 1943, preventing the Government's revocation of the Communist Party leader’s citizenship.
King herself made only one appearance before the Supreme Court, in Butterfield v. Zydok (342 U.S. 524, 1952), which she lost.
African-American Communist organizer Angelo Herndon
was another client.
King took on many cases against the Immigration and Naturalization Service
(INS). Her most important legal victory came from Sung v. McGrath(339 U.S. 908, 1950). In this case, the Supreme Court acknowledged that INS was subject to the same administrative and procedural rules as all other federal departments. This ruling froze deportation hearings until the INS agreed to comply with the requirements of the Administrative Procedures Act.
King also defended "red conspirator" J. Peters
against the INS (named by Louis Budenz and Whittaker Chambers
as mastermind of a Soviet underground spy ring operating in Washington, DC, during the 1930s and 1940s) and counseled Peters on how to testify before the House Un-American Activities Committee
(HUAC) (1948-1949).
She also represented petitioner Harisiades in the important U.S. Supreme Court immigration law case Harisiades v. Shaughnessy, 342 U.S. 580, 1952.
Because of her association with controversial clients, King herself was subject to surveillance by the FBI.
The National Lawyer's Guild Immigration Project presents the Carol King award each year in Ms. King's honor to an outstanding immigration advocate.
Walter Pollak's son, Senior U.S. District Judge Louis Pollak (who married King's niece), wrote the forward to Ann Fagan Ginger
's 1993 biography of Carol Weiss King.
Palmer Raids
The Palmer Raids were attempts by the United States Department of Justice to arrest and deport radical leftists, especially anarchists, from the United States. The raids and arrests occurred in November 1919 and January 1920 under the leadership of Attorney General A. Mitchell Palmer...
to the McCarthy Era.
Background
Born August 24, 1895, Carol Weiss was the youngest child of Samuel and Carrie (nee Stix) Weiss. Her father was a founder of the law firm of Frank and Weiss (1875-1880), then practiced alone (1880-1910). Her oldest brother, William S. Weiss, continued their father's firm until forced to stop by multiple sclerosis. Another older brother, Louis S. Weiss, was a founder of Paul, Weiss, Rifkind & Wharton).Weiss graduated from Barnard College
Barnard College
Barnard College is a private women's liberal arts college and a member of the Seven Sisters. Founded in 1889, Barnard has been affiliated with Columbia University since 1900. The campus stretches along Broadway between 116th and 120th Streets in the Morningside Heights neighborhood in the borough...
in 1916. She married Gordon King in 1917. Her husband died of pneumonia in 1930, leaving her a widow with one son--and her work.
Career
By 1920, Carol Weiss King had developed a deep interest in labor problems and volunteered to work with Local 25 of the International Ladies Garment Workers Union (ILGWU).Early in her career, she formed a "loose partnership" with radical attorneys. These included Joseph Brodsky
Joseph Brodsky
Iosif Aleksandrovich Brodsky , was a Russian poet and essayist.In 1964, 23-year-old Brodsky was arrested and charged with the crime of "social parasitism" He was expelled from the Soviet Union in 1972 and settled in America with the help of W. H. Auden and other supporters...
, Swinburne Hale, Walter Nelles
Walter Nelles
Nelles, Walter . A graduate of Harvard Law School, professor of law at Yale University, founding member of the American Civil Liberties Union during World War I....
, and Isaac Shorr. One of Carol Weiss King's first and most durable relationships was with Walter Pollak, a onetime partner of Benjamin Cardozo, whom she met through her brother-in-law Carl Stern. The three of them -- King Pollak, and Stern -- worked on the Scottsboro Boys
Scottsboro Boys
The Scottsboro Boys were nine black teenage boys accused of rape in Alabama in 1931. The landmark set of legal cases from this incident dealt with racism and the right to a fair trial...
cases, which Pollak successfully argued in the U.S. Supreme Court, among other cases.
King also associated with left-wing activists, including members of the Communist Party of the United States of America. She edited the Law and Freedom Bulletin (1924-1931) -- an important digest of the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
that recorded state and federal cases involving significant questions of constitutional law. She became a founder and principal of the International Juridical Association and the National Lawyers Guild.
In her 30-year career, she represented hundreds of foreign-born radicals threatened with deportation in administrative proceedings in the lower courts and in the Supreme Court. In 1942, she became general counsel to the American Committee for the Foreign Born.
King's best-known client was union leader Harry Bridges
Harry Bridges
Harry Bridges was an Australian-American union leader, in the International Longshore and Warehouse Union , a longshore and warehouse workers' union on the West Coast, Hawaii and Alaska which he helped form and led for over 40 years...
, who faced deportation in 1938 for alleged membership in the Communist Party. The case reached the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, which reversed the deportation order during World War II.
Her representation of Communist Party leader William Schneiderman exemplifies her success in enlisting other (male) attorneys to work for free on key constitutional cases -- in this case, recruiting Wendell Willkie
Wendell Willkie
Wendell Lewis Willkie was a corporate lawyer in the United States and a dark horse who became the Republican Party nominee for the president in 1940. A member of the liberal wing of the GOP, he crusaded against those domestic policies of the New Deal that he thought were inefficient and...
, the 1940 Republican Party
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
presidential nominee, to represent Schneiderman before the Supreme Court. King won this case in 1943, preventing the Government's revocation of the Communist Party leader’s citizenship.
King herself made only one appearance before the Supreme Court, in Butterfield v. Zydok (342 U.S. 524, 1952), which she lost.
African-American Communist organizer Angelo Herndon
Angelo Herndon
Angelo Braxton Herndon was an African American labor organizer arrested and convicted for insurrection after attempting to organize black industrial workers in 1932 in Atlanta, Georgia...
was another client.
King took on many cases against the Immigration and Naturalization Service
Immigration and Naturalization Service
The United States Immigration and Naturalization Service , now referred to as Legacy INS, ceased to exist under that name on March 1, 2003, when most of its functions were transferred from the Department of Justice to three new components within the newly created Department of Homeland Security, as...
(INS). Her most important legal victory came from Sung v. McGrath(339 U.S. 908, 1950). In this case, the Supreme Court acknowledged that INS was subject to the same administrative and procedural rules as all other federal departments. This ruling froze deportation hearings until the INS agreed to comply with the requirements of the Administrative Procedures Act.
King also defended "red conspirator" J. Peters
J. Peters
J. Peters was the most commonly known pseudonym of a man who last went by the name "Alexander Stevens" in 1949. Peters was an ethnic Jewish journalist and political activist who was a leading figure of the Hungarian language section of the Communist Party USA in the 1920s and 1930s...
against the INS (named by Louis Budenz and Whittaker Chambers
Whittaker Chambers
Whittaker Chambers was born Jay Vivian Chambers and also known as David Whittaker Chambers , was an American writer and editor. After being a Communist Party USA member and Soviet spy, he later renounced communism and became an outspoken opponent later testifying in the perjury and espionage trial...
as mastermind of a Soviet underground spy ring operating in Washington, DC, during the 1930s and 1940s) and counseled Peters on how to testify before the House Un-American Activities Committee
House Un-American Activities Committee
The House Committee on Un-American Activities or House Un-American Activities Committee was an investigative committee of the United States House of Representatives. In 1969, the House changed the committee's name to "House Committee on Internal Security"...
(HUAC) (1948-1949).
She also represented petitioner Harisiades in the important U.S. Supreme Court immigration law case Harisiades v. Shaughnessy, 342 U.S. 580, 1952.
Because of her association with controversial clients, King herself was subject to surveillance by the FBI.
Legacy
King died of cancer in 1952.The National Lawyer's Guild Immigration Project presents the Carol King award each year in Ms. King's honor to an outstanding immigration advocate.
Walter Pollak's son, Senior U.S. District Judge Louis Pollak (who married King's niece), wrote the forward to Ann Fagan Ginger
Ann Fagan Ginger
Ann Fagan Ginger is an American lawyer, teacher, writer, and political activist. She is the founder and the Executive Director Emerita of the Meiklejohn Civil Liberties Institute in Berkeley. CA....
's 1993 biography of Carol Weiss King.