The Supreme Court and McCarthy-era Repression One Hundred Decisions

"In Fred Vinson's term as chief justice (1946-53), the court largely rubber-stamped government action against accused Communists and 'subversives.' After Earl Warren replaced Vinson as chief justice in 1953, however, the Court began to rule against the government in 'Communist' cases, choosing the narrowest of grounds but nonetheless outraging public opinion and provoking fierce attacks from the press and Congress. Legislation to curb the Court flooded Congress and seemed certain to be enacted. The Court's situation was aggravated by its 1954 school-desegregation decision, Brown v. Board of Education, which led to an anti-Court alliance between southern Democrats and anti-Communists in both parties. Although Lyndon Johnson's remarkable talents as Senate majority leader saved the Court from highly punitive legislation, the attacks caused the Court to retreat, with Felix Frankfurter leading a five-justice majority that decided major constitutional issues for the government and effectively nullified earlier decisions. Only after August 1962, when Frankfurter retired and was replaced by Arthur Goldberg, did the Court again begin to vindicate individual rights in 'Communist' cases--its McCarthy era was over"--Provided by publisher.