Veterans of Abraham Lincoln Brigade v. Subversive Activities Control Board/Opinion of the Court

United States Supreme Court

380 U.S. 513

Veterans of Abraham Lincoln Brigade  v.  Subversive Activities Control Board

 Argued: Dec. 9, 1964. --- Decided: April 26, 1965

Petitioner was ordered by the Subversive Activities Control Board to register as a Communist-front organization under § 7 of the Subversive Acitvities Control Act of 1950, as amended, 64 Stat. 993, 50 U.S.C. § 786 (1958 ed.), and the Court of Appeals for the District of Columbia Circuit affirmed. 117 U.S.App.D.C. 404, 331 F.2d 64. We granted certiorari, 377 U.S. 989, 84 S.Ct. 1916, 12 L.Ed.2d 1043. In this case, the order to register was based almost exclusively on events before 1950, and very largely on events before 1940. The hearings themselves were concluded in November 1954, more than 10 years ago. On so stale a record we do not think it is either necessary or appropriate that we decide the serious constitutional questions raised by the order. See American Committee for Protection of Foreign Born v. Subversive Activities Control Board, 380 U.S. 503, 85 S.Ct. 1148. The judgment is vacated and the cause remanded for proceedings consistent with this opinion.

It is so ordered.

Judgment vacated and cause remanded.

Mr. Justice WHITE took no part in the decision of this case.

Mr. Justice DOUGLAS, with whom Mr. Justice BLACK and Mr. Justice HARLAN concur, dissenting.

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