National Maritime Union of America v. Herzog

(dissenting) .

I think that the motions to dismiss and for summary judgment should be denied and that evidence should be taken upon the question of fact raised by one of the constitutional issues. That issue is the validity of the clause of Section 9(h) of the Act which provides that the facilities of the Board shall not be available to a labor organization unless each of its officers swears “that he is not a member of the v. ommunist Party or affiliated with such party”. The question of fact is whether the nature of the Communist Party is such that a member of it would, or would likely,…