International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers v. Hardeman/Concurrence White

by Byron White

United States Supreme Court

401 U.S. 233

International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers  v.  Hardeman

 Argued: Dec. 16, 1970. --- Decided: Feb 24, 1971

Mr. Justice WHITE, concurring.

The Court accurately states the holdings in San Diego Building Trades Council, etc. v. Garmon, 359 U.S. 236, 79 S.Ct. 773, 3 L.Ed.2d 775 (1959), and like cases. But since the case before us 'implicates none of the principles,' ante, at 240, announced in those cases, neither is their continuing validity in their full sweep reaffirmed by today's opinion. On this basis, I join the Court's opinion.

I add an additional note. As the Court says, Hardeman's conviction on both charges against him was upheld. Expulsion was warranted on either count. The principle of Stromberg v. California, 283 U.S. 359, 51 S.Ct. 532, 75 L.Ed. 1117 (1931), has no application in this situation. Turner v. United States, 396 U.S. 398, 420, 90 S.Ct. 642, 654, 24 L.Ed.2d 610 (1970); Barenblatt v. United States, 360 U.S. 109, 115, 79 S.Ct. 1081, 1087, 3 L.Ed.2d 1115 (1959); Claassen v. United States, 142 U.S. 140, 146-147, 12 S.Ct. 169, 170-171, 35 L.Ed. 966 (1891); see also cases cited in Street v. New York, 394 U.S. 576, 613 n. 2, 89 S.Ct. 1354, 1376, 22 L.Ed.2d 572 (1969) (White, J., dissenting).

Mr. Justice DOUGLAS, dissenting.

Notes