Imperial Valley press., 1937-04-26
News Behind the News
Another FOur-FiUe Decision Which
Wau Is Uncertain Roberts Holds
Balance of Court POICer ;.

WASHINGTON-Governm attorneys and
private attorneys are confident that the Su-
preme Court will make its first Social Security
act decision by vote of 5 to 4
They are not sure, however, what the decision
will be- The answer to that, affecting about
100000 persons now covered by unemployment
insurance laws, seems to rest with Justice owen
Josephus Roberts.
The other Justices it is gathered from their
questions and comments during argument by
counsel are split along familiar lnes-Wltn
Hughes, Brandeis, Stone and Cardozo, appear
ing to favor the federal-state unemployment IN
surance system set up by the act, and the con-
servative quartet of McReynolds, Butler, Suth-
erland and Van Devanter in opposition.
If this is correct, Roberts again will be IN
an au-powerful position - one-man palance
of power making vital interpretations OF con-
stitution which governs nation OF l3Uoooopo
human beings Roberts played that part III the
invalidation of the New York minimum wage act
and again in the opinions upholdlng the wagner
labor and Washington state minimum wage acCo'
There are signs that the responsibility IS
beginning to wear on Roberts and high ot1lclalS
are suggesting in private conversation that ne
the Youngest of the nine Justices may De the
first of the present bench to retire.
He looks older and more careWorn. Ihrousn-
out recent arguments on the Alabama unemploy-
ment insurance law and validity OF the tederai
unemployment insurance tax, Roberts seldom II
ever looked at government counsel. he asheu
no questions. -. s
The rest of the court, however, was Demon
strating that it functions much like a group OF
elderly gentlemen who violently disagree with
each other The backStairS gossip Is that the
four unyieding conservatives are especially plt-
fer at Hughes Roberts and Stone; at Hughes
and Roberts because they have joined the liberal
justices in recent decisions; and at Stone De
cause he gave the courts critics two memorable
phrases to quote enthuSastlcally-"per personal eco
nonic predictions" in the New York minimum
wage case and "a tortured construction OF the
Constitution" in the AAA case. The apparent
attitude of Justice McReynolds toward the un-
employment insurance law was Indicated "heh
he asked: 49,, f..
well, didn't we get along without this Tor
$50 years ?" -.
And Justice Butler at one time asked AsSis-
tant Attorney General Robert H. jackson:
Are you inviting Us TO consider thlS on tle
basis that there is no limit on the power that
can be exercised by the federal government?
Lawyers raised their eyebrows when Tn oo-
year-old Brandeis handed Butler an lmpned re-
buke It was the latter VINO suggested tnaU II
the Social Security Board could regulate TERMS
OF state unemployment insurance laws, the tifne
might not be far away when the federal gov
eminent could set up educational requirements
for states. ..,
We've got to decide whether this particular
purpose and these particular limitations exceed
the power of Congress" Brandeis nterpoSeu
1T is very interesting to see just Wnere the
line should be drawn, but difficult 10 see ho"
it is involved"