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The Missing Justice In Coleman V. Miller, Barry Cushman
The Missing Justice In Coleman V. Miller, Barry Cushman
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All nine of the sitting justices took part in the 1939 case of Coleman v. Miller, which concerned whether the Kansas legislature had ratified the pending Child Labor Amendment. One of the issues in the case was decided by a vote of 5-4, while another was resolved by a vote of 7-2. With respect to a third issue, however, Chief Justice Charles Evans Hughes reported that it presented “a question upon which the Court is equally divided and therefore the Court expresses no opinion upon that point.”
Scholars understandably have been puzzled by how a decision in which a full …