Imperial Valley press., 1937-04-22
News Behind the News
The Supreme Courts About Face . {.
1t Gires Both Sides Netr Arguments
Was 1t Just Politics? =.

WASHINGTON-Th Supreme Courts about
face in the Wagner act decisions has given both
sides new arguments in the historic battle over
the Roosevelt judiciary scheme, without appre-
ciably affecting the outlook as to the plans fate.
The first cry of the opposition that the last
excuse for the plan gone, echoed by few
senators who looked hopefully toward avoiding
the issue, has been counterbalanced by prompt
White House effort to turn on the heat. The
administration urges now that the court has
weakened the position of its supporters by
proving its Willingness to play politics.
Certain Democratic fence-sitters in the Sen
ate seeking to jump off in any direction,
Just it will enable them to escape voting on
the Presidents proposal. The administration
forces say privately they won't let the fence
stters jump. AT the same time, attempts are
being made to find a method which would make
the medicine for this group easier to take.
Belief that the Presidents hand has been
strengthened by the Wagner decisions is shared
by some although by no means all, of the oppoSi-
ton strategiStS. They fear it is widely felt that
the swing of a court majority to more liberal
opinions is a personal victory for Roosevelt,
achieved by the Presidents war on the court
The two fundamental factors in the court
fight have been:
l. RoOSevet's great popular following whether
understanding the plan not, largely favorable
to the proposal because Roosevelt was for it.
2. Strongest opposition card-traditonai pop
uIar reverence for the court and theory as to
its Sanctity, based on the SuppoSItiOn that IL
always interpreted the Constitution as a sacred
formula with other consideration in mind.
The opposition tacitly abandons the lat
ter theory in order to assert that the court
is responsive TO public opinion and hence needs
no reorganization. To which New Dealers, en-
phasizing the to decisions and the reversal
of Justice Roberts position on the interstate
commerce clause, retort in paraphrase of Chief
Justice Hughes
I'VE are under Constitution, but the Con-
stitution is what Justice Roberts says it is
until the next time he changes his mind"
If the decisions had been unanimous instead
of demonstrating that four justices over 10 still
stood grimly against liberal constitutional in
depreciation the administration would have no
excuse for arguing that the future welfare of
100000 persons mustn't be left in the hands
of one vaclatng man."
The actual extent to which the court may
have rubbed off some of its own Sanctity or
diminished its prestige by Roberts bow to out
side agitation is blurred by partisan debate. 1t
is demonstrabe, however, that the court hasn't
made any new friends by the Wagner act deci-
sion, except among Democratic senators reluc-
tant TO take a stand the reorganization pro-
posal.
Roosevelt has begun new drive to Jam his
program through John Lewis, outstanding lead
Of the labor legions benefiting from valida-
tion of the Wagner act, SCOTS at the court as
variable unstable" Bill Green of the A. F.
OF l.. insists the Roosevelt plan must go through
Many economic royalistS" who have preached
the gospel Of the courts sanctity and confidently
expected it to smack down the Wagner act
are now soured or at least pained