Justice Sutherland on Child Labor

I was in Washington on Thursday and had a quick look at Justice Sutherland’s opinions.  I found quite a bit of interest, though I’m still in my researching and “do-I-want-to-write-this-book” phase.

One thing worth mentioning now. Senator Sutherland voted for the statute that banned the interstate transport of goods made with child labor that was later struck down by the Court in Hammer v. Dagenhart.  He explained that while there were doubts about the validity of such a prohibition, he thought that he should swallow those doubts unless they were strong and given that child labor was so evil.  I don’t know what he thought about the Court’s subsequent cases, as he was not a Justice in either Hammer or the Child Labor Tax Cases.

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