The Constitution: Private, But Public

THE CONSTITUTION

Even before the looming Senate battle over the civil rights bill begins, the U.S. Supreme Court has settled a part of the argument simply by saying no. One section of the House-passed bill would nullify all statutory provisions that authorize federal aid to segregated institutions. Last week the Supreme Court refused to review a Court of Appeals decision striking down just such a provision.

The Supreme Court insists that refusal to review a lower-court ruling cannot be taken to imply approval of it, but when the Supreme Court lets stand a decision declaring that a section of an act of...

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