Today in Supreme Court History

Today in Supreme Court History: April 8, 1952

|The Volokh Conspiracy |

4/8/1952: President Truman signs executive order 10340. The Supreme Court declared this executive order unconstitutional in Youngstown Sheet & Tube Co v. Sawyer (1952).

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  1. I’m always surprised that the Youngstown tiers aren’t discussed in terms of the common law discussion of the king-in-parliament that they’re paraphrasing. Very few of these ideas sprang fully formed from the Founders’ minds 200-odd years ago. #commonlaw

    Mr. D.

  2. What’s rarely mentioned about the Korean War is how much it resembled Vietnam — an incredibly unpopular war fought by a country that very much wasn’t unified behind it at home.

    The Youngstown Sheet & Tube case needs to be read in the context of Truman having already seized the railroads in 1950, after having dealt with numerous strikes in 1946. The railroads were being run under nominal Army control, which both owners and labor could live with, and I imagine that Truman thought the same would work here.

    This case was decided in April of 1952, with armistice talks already ongoing — I wonder if it might have been decided differently in 1950 or early 1951 when it really looked like we might lose that war. Same thing with _West VA v Barnette_ which was decided when it was clear that the US would win WW-II.

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