United States v. Lovett
United States v. Lovett is a significant Supreme Court case from the early Cold War era that addressed issues of legislative power and individual rights. The case arose when a rider to an appropriations statute denied compensation to three individuals labeled as "subversives" by the House Un-American Activities Committee. The Supreme Court, led by Justice Hugo L. Black, ruled unanimously that this legislative action constituted a bill of attainder, as it punished specific individuals without judicial trial. This decision highlighted the constitutional protection against laws that target individuals or identifiable groups for punishment without due process. Lovett also set a precedent for subsequent cases, such as United States v. Brown, which similarly struck down legislation that penalized members of the Communist Party, reinforcing the principle against punitive legislation. However, the Court's interpretation evolved, as seen in Nixon v. Administrator of General Services, where a law affecting a former president's records was not deemed a bill of attainder. The Lovett case is an important landmark in understanding the balance between national security concerns and the protections afforded by the Constitution.
United States v. Lovett
Date: June 3, 1946
Citation: 238 U.S. 303
Issue: Bill of attainder
Significance: The Supreme Court held that the portion of a federal statute prohibiting three named federal employees from receiving governmental compensation was an unconstitutional bill of attainder.
During the early period of the Cold War, a rider to an appropriations statute denied compensation for three persons branded as “subversives” by the House Un-American Activities Committee. Speaking for an 8-0 majority, Justice Hugo L. Black wrote that a legislative act that inflicts punishment on either particular individuals or “easily ascertainable members of a group” without a judicial trial is a bill of attainder.
![Supreme Court Justice Hugo La Fayette Black. By Harris & Ewing photography firm [Public domain], via Wikimedia Commons 95330465-92655.jpg](https://imageserver.ebscohost.com/img/embimages/ers/sp/embedded/95330465-92655.jpg?ephost1=dGJyMNHX8kSepq84xNvgOLCmsE2epq5Srqa4SK6WxWXS)

Expanding on the Lovett decision, the Supreme Court in United States v. Brown (1950) struck down a statute that prohibited Communist Party members from serving as officers of trade unions because the measure punished “easily ascertainable members of a group.” In Nixon v. Administrator of General Services (1977), however, the Court rejected former president Richard M. Nixon’s contention that a statute giving the general services administration control over his presidential papers and recordings was a bill of attainder.