Labor Law in the Supreme Court: 1964 Term

Labor Law in the Supreme Court: 1964 Term

Clyde W. Summers, Yale Law School

Description

Labor law cases are, to all except the myopic labor lawyer, a subordinate part of the Supreme Court's work. The Court's primary attention is focused on its role in stripping away remnants of racial discrimination and segregation, reconstructing rotted-out state legislatures, sensitizing law enforcement to the rights of the accused, and removing restraints on the free market of ideas. These are social and political issues of the first magnitude, robed in the legal garb of "cases and controversies," and brought to the judicial forum for settlement. The Court's decisions significantly reshape our institutions, for it often becomes the final arbiter directing resolution of these issues. Even if Senator Dirksen's amendment is adopted, for example, it can never restore the rural control of state legislatures.