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Supreme Court — Part 20
Page 5
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Roberts' reference to "changing
conditions; was interpreted af -
possible reference to'his
fhange of decision in regardto
dwn
Jhinimum wage laws for won en.
n 1936 Roberts voted with the m-
Sority to hold unconstitutional
New York law fixing minimum
Wages for women. Less than a year.
! later the court sustained a simllar
cuit Court of Appeals clted the fact
Washington State Iaw by another
That four members of the U. S. Sy-
5-to-4
decision,
with
Roberts
preme
Court belleved the fayl-
Switching his vote to make the ma-
alute declslon incorrect in uj-
Jority.
This decision came in the
Iplding the Jehovah Witness fight
midst of the bitter Senate con-
against the fag salute in webt
.troversy over President Roosevelt's
Virginia schools.
unsuccessful plan to reorganize the
May 4, 1943, the Supreme Court
Supreme Court by adding slx jus-
reversed Its previous stand on the
tices, a proposal attacked as a
constitutlonality
of
municipal
license taxes on the sale of rell-
Supreme Court fght, Roberts was
glous literature. This time the
frequently referred to as the court's
[court upheld the Jehovah Witness!
"swing man."
sect in a fight against such municl-
Cltes Jane 1940 Declsion
j pal ordinancees in a 5-to-4 decision,
The cltatlons given by Robelts
with the scales tipped by the addl-
In connection with the modgrn
tion of Justice Rutledge, who re.
right-about face tendency of men-
placed former Justice Byrnes, now
bers of the court go back to Julie,
War Mobilization director.
This
1940, when the majority, in a deci-
time Roberts, Frankfurter, Jack-
sion written by Frankfurter on a
son and Reed were In the minority.
Jehcvah Witness case, held that a
June 15. 1943, the Suprepe
public school requlrement. of a.
Court drerruled its 1940 declsipn.
salute to the flrg was constitu-
on the ftg salute, with Frankfurler
.tional. Chief Justice Harlan F.
and Roberts consistently dissentjng!
Stone was then the lone dissenter.
and joined in their opinios byj
In June, 1942 the court split, 5
Justice Reed.
to 4, In upholding the rlght of three
citie: to impose license fees on
members of the Jehovah's Witness!
sect distributing religious ltera-
ture.
Black and Douglas joined with
Stone in diasenting, and the first
three named added.
"Since we joined in the oplnlon
1 the Cebitis (flag salute) case,
kasion to state that we now
Wive it was wrongly decided."
In October, 194z, the Fourth Ct
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