Sacher v. United States (356 U.S. 576)/Concurrence Harlan

Mr. Justice HARLAN concurring.

In joining the Court's opinion, I am constrained to write these few words with reference to my Brother Clark's suggestion that the Court should hear argument in this case. As the limited scope of the Subcommittee's authority is not in dispute, the controlling issue is whether the pertinency of the questions put to petitioner was of such 'undisputable clarity' as to justify his punishment in a court of law for refusing to answer them. Watkins v. United States, 354 U.S. 178, 214, 77 S.Ct. 1173, 1193. That issue can only be determined by scrutiny of the record, and a full-dress argument could hardly shed further light on the matter. In such circumstances prompt disposition of the case before us certainly constitutes sound judicial administration. For my part, it is abundantly evident that the pertinency of none of the three questions involved can be regarded as undisputably clear, as indeed is evidenced by the different interpretations of the record advanced by the members of this Court and of the Court of Appeals who have considered this issue.

Mr. Justice CLARK, with whom Mr. Justice WHITTAKER concurs, dissenting.