Today in Supreme Court History: December 16, 1936

12/16/1936: West Coast Hotel v. Parrish argued.

Comments

[JoeFromtheBronx]

The so-called "switch in time that saved nine" case involving a minimum wage law. There is some dispute on if there really was a "switch," including for technical reasons.*

But, either way, it was a symbol of more openness to economic regulation. The freedom of contract is cited as a "liberty" that was regulated in a variety of ways, regularly upheld in the courts.

A minimum wage law fit into the general principle. An earlier opinion by a 5-4 vote noted a minimum wage law for women was particularly problematic, at least after the 19th Amendment provided a more equal status to men and women.

The law here applied to women and minors. The majority did not agree it was unreasonable. As noted by the dissenters in that earlier case, the 19A didn't change that much. Plus, modern sex discrimination law was not in place yet.

The matter is somewhat moot with the availability of sex neutral minimum wage laws.

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* For instance, the opinion notes: "We think that the question which was not deemed to be open in the Morehead case is open and is necessarily presented here."

Justice Roberts could have voted the other way in a previous case given the particulars of that case. Since this one was different, there was no "switch." Other things are also cited.