The Law: The Court Starts Work

• Share

Though forced to mark time on a number of important cases because of the loss of two members, the Supreme Court has hardly been idle in its new term. Last week the seven Justices dealt with 647 items, in most instances by rejecting petitions for hearings. Highlights of last week's decisions:

> Since 1969, contractors for major federally funded construction projects in Philadelphia have been required to employ an increased percentage of non-white workers. The so-called Philadelphia Plan was devised by the Nixon Administration to combat discriminatory practices in the construction industry, but a group of contractors opposed the plan on the grounds that its "quotas" constitute reverse discrimination. The Administration's approach, said the employers' suit, violates the Constitution's color-blind equal-protection guarantee. Lower courts upheld the plan, ruling that the minority percentages are "goals," not quotas. The Supreme Court last week refused to entertain an appeal, thereby letting the plan stand. From the Administration's point of view, the court's action was almost as good as a formal endorsement of the procedure's constitutionality, and variations of the Philadelphia Plan are now under way in 42 cities. But because the court did not give a full hearing to the case, the action cannot be used as a precedent in related situations. For instance, an attempt to assure nonwhites a minimum number of places at the University of Washington (TIME, Oct. 11) is now under legal attack.

> Laws barring strikes by public employees have long been opposed by labor leaders as an infringement of the First Amendment. The court seemed unimpressed by that argument in two related cases. In the first, the court affirmed a lower court ruling against the United Federation of Postal Clerks. The union had argued that the federal no-strike rule should at least be limited to those workers shown to be essential to the Post Office's operation. The Supreme Court also refused to upset a New York State labor-law ruling. As a result, the state can still require a pledge from any union wishing to represent public employees that it would not assert the right to strike.

> Lawyers for Attica prison inmates have been allowed to see their clients since the recent uprising, but the attorneys have not always been summoned when state authorities interrogate the prisoners. Charging a violation of the right to counsel and that many of the prisoners were being beaten or threatened, the attorneys asked the court to enjoin questioning of the convicts temporarily while lower courts consider their claims. The court refused to hear the case. Justice William O. Douglas dissented, arguing that the claims should be considered because prisoners are entitled to the protection of the Constitution and because "this is a case in which the public interest runs high."

> The court declined to hear an appeal in the "Baby Lenore" adoption case. The decision meant that Mr. and Mrs. Nicholas DeMartino must surrender their adopted daughter, Lenore, 16 months old, to her natural mother and face a 30-day contempt of court sentence —but only if the DeMartinos ever return to New York State. They fled New York City to avoid giving up the child and now live in Miami. A Florida judge has ruled that under state law they could keep Lenore.