Joint Anti-Fascist Refugee Committee v. McGrath
Encyclopedia
Joint Anti-Fascist Refugee Committee v. McGrath, 341 U.S. 123
(1951), was a United States Supreme Court
opinion revolving around the right of association.
, James Howard McGrath, acting under part three of Executive Order 9835
, submitted information on several organizations to the Loyalty Review Board which then declared the organizations to be supporting subversive causes or movements. Under section 9A of the Hatch Act, this information was disseminated among the agencies of the government. The Anti-Fascist Refugee committee was collecting money to distribute among members of the struggle against Francisco Franco
during the Spanish Civil War
and World War II
. The district courts and appeals courts had ruled that the organizations could not sue because there was no specified way to redress their grievances in the case.
offered a concurring opinion in which he compares government blacklists to bills of attainder
. He appends a passage from the footnotes of the historian Thomas Macaulay's History of England from the Accession of James the Second describing the evils of the great Act of Attainder enacted at the behest of James II
.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1951), was a United States Supreme Court
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...
opinion revolving around the right of association.
Facts
The United States Attorney GeneralUnited States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
, James Howard McGrath, acting under part three of Executive Order 9835
Executive Order 9835
President Harry S. Truman signed United States Executive Order 9835, sometimes known as the "Loyalty Order", on March 21, 1947. The order established the first general loyalty program in the United States, designed to root out communist influence in the U.S. federal government...
, submitted information on several organizations to the Loyalty Review Board which then declared the organizations to be supporting subversive causes or movements. Under section 9A of the Hatch Act, this information was disseminated among the agencies of the government. The Anti-Fascist Refugee committee was collecting money to distribute among members of the struggle against Francisco Franco
Francisco Franco
Francisco Franco y Bahamonde was a Spanish general, dictator and head of state of Spain from October 1936 , and de facto regent of the nominally restored Kingdom of Spain from 1947 until his death in November, 1975...
during the Spanish Civil War
Spanish Civil War
The Spanish Civil WarAlso known as The Crusade among Nationalists, the Fourth Carlist War among Carlists, and The Rebellion or Uprising among Republicans. was a major conflict fought in Spain from 17 July 1936 to 1 April 1939...
and World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
. The district courts and appeals courts had ruled that the organizations could not sue because there was no specified way to redress their grievances in the case.
Result
Justice Hugo BlackHugo Black
Hugo Lafayette Black was an American politician and jurist. A member of the Democratic Party, Black represented Alabama in the United States Senate from 1927 to 1937, and served as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. Black was nominated to the Supreme...
offered a concurring opinion in which he compares government blacklists to bills of attainder
Bill of attainder
A bill of attainder is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a judicial trial.-English law:...
. He appends a passage from the footnotes of the historian Thomas Macaulay's History of England from the Accession of James the Second describing the evils of the great Act of Attainder enacted at the behest of James II
James II of England
James II & VII was King of England and King of Ireland as James II and King of Scotland as James VII, from 6 February 1685. He was the last Catholic monarch to reign over the Kingdoms of England, Scotland, and Ireland...
.