Freedom of Association: Indian Tribes, Workers, and Communal Ghosts
35 Pages Posted: 22 Jan 2010
Date Written: January 1, 1989
You truly do me a great honor by inviting me to give the Sobeloff Lecture. I am particularly pleased to give this lecture because of who my predecessors have been and, even more, because of what kind of lawyer, judge, and mensch Judge Sobeloff was. It is no exaggeration to say that to speak of Judge Simon E. Sobeloff today, nearly fifteen years after his death, is to speak of a legendary figure. Lawyers I admire tell and retell the tale of Solicitor General Sobeloff's refusal to sign the government's brief in Peters v. Hobby,' a case challenging the harassing application of a "Red scare" government loyalty program. Professor Peters of the Yale Medical School already had passed several loyalty tests without incident, and Judge Sobeloff believed that the government should confess error and be done with a bad business.
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