Imperial Valley press., 1936-05-26
Editorials and Comment
TUESDAY, MAY 26, 1886.
News Behind the News
Baier-End Struggle In Prospect .
Bitcr-End Struggle In Prospect
F. y. Il. Viii Fight

WASHINGTON-Th conservative U. s. Su-
preme Court majority has burned its bridges
and assured bitter-end struggle to curb the
powers which il has assumed over congressional
legislation.
Il Roosevelt IS reelected, his battle with the
six justices who have shown themselves erlmIy
opposed to the New Deal is likely to be the most
spectacular feature of his second term.
That at least. is the opinion Of his most
influential advisers following the decision
against the Guffey coal control act, with It's
obvious inference that the Wagner labor rela-
tions act is as good as dead and the social Sc
curity and other legislation in grave peril
The New Dealers are still hopeful that VOL
untary retirements or other causes will enable
Roosevelt to fill vacancies in manner which
would change the courts complexion.
That coupled with fear OF dragging the
constitutional issue into the political campaign
is why the real battle between the New Deal
and the court IS likely not to come before cleo
ton.
You can mark it down as a strong possibility
that some time within the next year there VIII
be more than nine justices. BY simple act
Of Congress the president would be enabled to
appoint three or four additional members OF the
court and to choose men who would be more
likely TO line up with Justices Stone BrandeiS,
and Cardozo than with Hughes Roberts Nc
Reynolds. Sutherland, Van Devanter. and Butler.
Such a move. according to strategists who
whisper that it IS more than tentative pro
poSal would be accompanied by Official 3Ssur-
ance that the court would be permitted to re-
vert TO its status as a nine-man body through
failure to fill the first few vacancies and by an
administration crusade for a constitutional
amendment specifically permitting Social-econo-
mic and general welfare legislation by Congress.
Leaving aside political aspects, it can be
readily seen that the court majority has I'M
periled its position by declaring industrial prod
uction to be a local matter with which the fed
eral government cannot interfere. because regula-
tion is a prerogative of the states.
In the case of demoralized industry which
the Guffey act was expected TO cure, the court
opposed its dictum to 30 per cent of the indus
try all the miners-and inferentially the rest
of organized labor. both houses of Congress. the
president and
Perhaps most significantly the seven states
which filed briefs in support of the coal stabil-
ization act. with the assertion that they them
selves could not deal effectively with the prob
lens OF the bituminous coal industry
The courts decision leaves the federal gov
ernment powerless to remedy a situation which
the states chiefly involved have said they them
selves were poWerless to meet.
Its position in the face Of such numbers
which must be considered in view Of the finish
fight with the New Deal now to be anticipated
is further qualified by the added opposition OF
the three liberal justiceS-a former professor Of
law. defender of public causes and a jurist,
as distinguished from six men whose backgrounds
are predomnantly those of corporation lawyers