Today in Supreme Court History: January 27, 1955

1/27/1955: Chief Justice John Roberts's birthday.

Chief Justice John Roberts

Comments

[JoeFromtheBronx]

Adair v. United States was decided OTD in 1908

Oyez.com summary of facts:

A law passed by Congress in 1898 made it illegal for employers to fire employees solely on the basis of their participation in labor unions. The law essentially made the "yellow dog" contract illegal. William Adair, a representative of the Louisville and Nashville Railroad Company, violated the law by firing a locomotive fireman who had joined a union.

Justice Harlan (who dissented in Lochner v. N.Y.) wrote the majority opinion holding the law unconstitutional as an undue abridgement of the liberty to contract protected by the Fifth Amendment. Be assured that:

This question is admittedly one of importance, and has been examined with care and deliberation. And the court has reached a conclusion which, in its judgment, is consistent with both the words and spirit of the Constitution and is sustained as well by sound reason.

Justice McKenna (he came on the Court on 1/26/1898) dissented. He argued it was a legitimate regulation of interstate commerce.

Holmes also dissented, doing so more briefly. He tossed in: "I also think that the statute is constitutional, and, but for the decision of my brethren, I should have felt pretty clear about it."

Life does seem obvious until others disagree. Sometimes, things are still fairly clear. For instance, it's very annoying when people say things like "I love you so." So what?

[JoeFromtheBronx]

Sit down, John.

Have some birthday cake. All done?

Prof. Blackman will now explain why you should resign.