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Journal Articles

2012

Notre Dame Law School

Charles Evans Hughes

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Full-Text Articles in Law

The Hughes-Roberts Visit, Barry Cushman Jan 2012

The Hughes-Roberts Visit, Barry Cushman

Journal Articles

In the 1936 case of Morehead v. New York ex rel. Tipaldo, Justice Owen Roberts voted to invalidate New York’s minimum wage law for women. The following spring, Roberts joined the majority in upholding Washington State’s minimum wage statute. How best to account for this “switch” is a central preoccupation of New Deal constitutional history. In recent years, a number of scholars have called attention to a visit that Chief Justice Charles Evans Hughes and his wife made to Roberts’ Pennsylvania farm in the summer of 1936, in the wake of the public firestorm following the announcement of the Tipaldo …