The New Deal in the Courts

Archive Report

The Supreme Court and the Recovery Legislation

What will be the fate of the New Deal legislation when passed upon by the Supreme Court? This question, first asked more than a year ago when the President's emergency program was being rapidly put through Congress, still awaits an answer. No decision passing upon the constitutionality of any of the New Deal measures has yet been handed down by the highest court and in the lower courts the decisions in cases arising under the recovery legislation have shown no consistent trend of judicial opinion.

In the lower federal courts decisions on applications of the National Industrial Recovery Act have ranged from those upholding (and denying) the validity of price fixing in such local trades as cleaning and dyeing ...

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