Scales v. United States (361 U.S. 952)

John Francis NOTO, petitioner,

v.

UNITED STATES.

No. 464. Supreme Court of the United States

February 5, 1960

Messrs. Telford Taylor and McNeill Smith, for petitioner in No. 8.

Solicitor General Rankin, Assistant Attorney General Yeagley, Messrs. Kevin T. Maroney and John F. Davis, for the United States in No. 8.

Mr. John J. Abt, for petitioner in No. 464.

Solicitor General Rankin, Assistant Attorney General Yeagley and Mr. Kevin T. Maroney, for the United States in No. 464.

These two cases were set for argument on February 23 next. In the meantime there intervened the filing of the petition in No. 537, which we have just granted. Nos. 8 and 464 arose under the Smith Act (Act of June 25, 1948, c. 645, § 2385, 62 Stat. 808, 18 U.S.C.A. § 2385) and No. 537 under Title I of the Internal Security Act of 1950 (Act of September 23, 1950, c. 1024, 64 Stat. 987, 50 U.S.C.A. § 783(f)). However, some of the constitutional and statutory issues raised by these two enactments are clearly interrelated and their determination in the two former cases may affect their determination in the latter case and vice versa. Accordingly, the Court deems it important that these three cases be heard and considered together. Since the Court's calendar for the remainder of the Term precludes this, Nos. 8 and 464 are reset for argument on Monday, October 10, 1960, to be followed immediately by the argument in No. 537.

Mr. Justice CLARK, dissenting.