The Volokh Conspiracy
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Today in Supreme Court History: March 29, 1937
3/29/1937: West Coast Hotel v. Parrish decided.
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Incorrect.
This is when the decision was published. It had been decided in conference in December 1936.
Is that literally true, legally true, or just a distinction without a difference? For legal purposes, the publication date is what matter, correct?
In this instance, given the historical context, the distinction is important. Can anyone here point out why?
switch in time that saved nine
The fact that this isn’t mentioned in the video betrays the shallowness of the entire series.
I found the video confusing. I re-read Locner and read O'Gorman for the first time and don't see either directly relating to the regulation of wages, definitely not to a minimum wage, which was the issue in Atkins.
Was it a "switch in time" or was it a case of Harlan Fisk Stone being sick and nobody wanting this to be a 4-4 tie (which would have had the same result, without the precedent)? Or how, exactly, did two price regulation cases justify overruling a minimum wage case?