361 U.S. 952 (1960)

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U.S. Supreme Court

SCALES v. U.S. , 361 U.S. 952 (1960)

361 U.S. 952

Junius Irving SCALES, petitioner,
No. 8.

John Francis NOTO, petitioner,
No. 464.

Supreme Court of the United States

February 5, 1960

Messrs. Telford Taylor and McNeill Smith, for petitioner in No. 8.

Solicitor General Rankin, Assistant Attorney General Yeagley, Messrs. Kevin T. Maroney and John F. Davis, for the United States in No. 8.

Mr. John J. Abt, for petitioner in No. 464.

Solicitor General Rankin, Assistant Attorney General Yeagley and Mr. Kevin T. Maroney, for the United States in No. 464.

These two cases were set for argument on February 23 next. In the meantime there intervened the filing of the petition in No. 537, which we have just granted. Nos. 8 and 464 arose under the Smith Act (Act of June 25, 1948, c. 645, 2385, 62 Stat. 808, 18 U.S.C.A. 2385) and No. 537 under Title I of the Internal Security Act of 1950 (Act of September 23, 1950, c. 1024, 64 Stat. 987, 50 U.S.C.A. 783(f)). However, some of the constitutional and statutory issues raised by these two enactments are clearly interrelated and their determination in the two former cases may affect their determination in the latter case and vice versa. Accordingly, the Court deems it important that these three cases be heard and considered together. Since the Court's calendar for the remainder of the Term precludes this, Nos. 8 and 464 are reset for argument on Monday, October 10, 1960, to be followed immediately by the argument in No. 537.

Page 361 U.S. 952 , 953

Mr. Justice CLARK, dissenting.

This order, coming as it does in mid-Term with five months of sessions yet remaining, is without precedent. It delays for another year decisions on two important acts of the Congress-the Smith Act and the Internal Security Act of 1950.

Scales' case has already been on our active docket for five successive Terms and has twice been fully argued. Petition for certiorari was first granted during the October Term 1955, 350 U.S. 992, and the first oral argument was on October 10, 1956 ( October Term 1956). The case was held under advisement until June 3, 1957, when it was put over to the October Term 1957 for reargument. At that time, on motion of the Solicitor General, it was remanded on a subsidiary issue in the light of our opinion in Jencks v. United States, 353 U.S. 657, 77 S. Ct. 1007, decided in the interim. 355 U.S. 1. On retrial, Scales was convicted again and the Court of Appeals affirmed, 4 Cir., 260 F.2d 21. We granted certiorari again on December 15, 1958, in our October Term 1958. 358 U.S. 917. It was argued the second time in 1959, and in June, over my objection, 360 U.S. 925, was reset for the October Term 1959. It was then set for November 19, but was put over to February 23, 1960, when certiorari was granted in Noto, 361 U.S. 813, 4 L. Ed.2d 60. The argument in the October Term 1960 will be the third argument. I have found no appellate case in the history of the Court that has been carried on the active docket so many consecutive Terms or argued so often. Ten hours argument time here will have been given to it alone. Noto admittedly involves the same issue as Scales. It has already been here two successive Terms and this order will make the third, placing it next to the unprecedented position occupied by Scales.

Likewise the Communist Party case, No. 537, has been argued here on the merits once before. [Footnote 1] This case seeks [361 U.S. 952 , 954]

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