ABSTRACT

Decision day, June 17, 1957, also known as “Red Monday,” would unleash immediate anti-Court outcries and fervid denunciations on Capitol Hill, and with good reason. The four rulings of that day were portended by Jencks v. United States (1957), 1 which was decided on June 3, less than a month after the state bar association cases of Schwarz and Konigsberg. Before turning to this decision, notice should be given of the altered Court membership. The reconstituted tribunal, in its first decision of the 1956 term, had been confronted with the cases of Nelson discussed earlier, followed by that of Clinton Jencks, and the Court decision in each was an omen of what would shortly follow.