◆ SpookStack

+ Roberts’ reference to “changing conditions; was interpreted a ssible reference to his ange of decision in reg to {pinimum wage laws for worlen, din 1936 Roberts voted with the ma- erity to hold unconstitutional a ‘New York Jaw fixing minimum "wages for women. Less than a year ‘later the court sustained a similar Washington State law by another J-to4 decision, with Roberts switching his vote to make the ma- jority. This decision came in the midst of the bitter Senate con- ‘troversy over President Roosevelt's unsuccessful plan to reorganize the Supreme Court by adding six jus- tices, a proposal attacked as a “court packing” plan. During the ‘Supreme Court fight, Roberts was frequently referred to as the court’s "swing man,” * Cites June 1940 Decision ~ The citations given by Rob dn connection with the mod right-about face tendency of mejk- ‘bers of the court go back to Juue, 1940, when the majority, In a deci- sion written by Frankfurter on a Jehcvah Witness case, held that a public school requirement. of a salute to the fleg was constitu- » tional. Stone was then the lone dissenter. In June, 1942 the court split, 5 to 4, In upholding the right of three cities to impose license fees on Chief Justice Harlan -F, |' | ; uit Court of Appeals cited the fact at folr members of the U. 5. Sy- ‘yreme Court believed the t- ialute decision incorrect in uj- ding the Jehovah Witness figlit against the flag salute in W Virginia schools, , Mag 4, 1043, the Supreme. Court reversed its previous stand on the constitutionality of municipal license taxes on the sale of reli- gious literature. This time the court upheld the Jehovah Witness sect in a fight against such munici- pal ordinancees in a 5-to-4 decision, with ihe scales tipped by the addi- tion of Justice Rutledge, who re- Placed former Justice Byrnes, now War Mobilization director, This time _ Roberts, Frankfurter, Jack- son and@eed were in the minority. June | 15, 1943, the Supreme Court ‘overruled its 1940 decisipn on the fitg salute, with Frankfurler and Roberts consistently dissenting and joined in their opinion ‘py Justice Reed. 1 members of the Jehovah's Witness 1 sect distributing religious litera- -ture, This time Just:.es Murphy, |: | Black and Douglas joined with || Stone in dissenting, and the first three named added: . “Since we joined tn the opinion | . im) the Cebitis (flag salite) case, | think this is an approprifte asion to staie that we now ve it was wrongly decided.” : In October, 1042, the Fourth C