Josh Blackman is a constitutional law professor at the South Texas College of Law Houston and the President of the Harlan Institute. Follow him @JoshMBlackman.
The Fair Labor Standards Act Imposed A Ban On Child Labor That Was "Identical" To the Child Labor Provision Declared Unconstitutional In Hammer v. Dagenhart
Congress enacted a facially unconstitutional provision, and the Solicitor General could only ask the Supreme Court to overrule Hammer.