Scales v. United States

Background

The case involves a man named Scales who was prosecuted under the Smith Act’s rule about membership in the Communist Party. Multiple indictments—about thirteen—are waiting in lower courts for the Supreme Court’s decision. The case has been before the Court several times, with earlier argument, a remand after a related ruling, a second conviction, and new review requests, so the dispute centers on whether membership alone can support a criminal conviction under that federal law.

Reasoning

Rather than decide the law on the merits now, the Court ordered the case set for reargument on November 19, 1959, and asked lawyers to focus on five core questions. Those questions ask whether mere membership knowing the group’s purposes is enough for conviction; whether the government must prove the member intended to act on those purposes; whether federal law requires proof of “active” membership; how the “clear and present danger” idea applies; and whether another federal statute blocks this prosecution. The Court also allocated two hours per side for the new argument and noted past procedural steps including a remand under the Jencks decision.

Real world impact

The order delays a final answer about the constitutionality of criminalizing Communist Party membership and leaves many related prosecutions unresolved. The reargument forces new briefing on mental-state and membership questions that could shape future prosecutions. Because this is an order for more argument rather than a final decision, the legal rule and the fate of existing convictions remain uncertain until the Court issues its next ruling.