Dissenting Opinion
Justice Cardozo, dissenting, claimed that the price-fixing provision of the Coal Conservation Act was within Congress’s power because it had a direct effect on interstate trade. Associate Justices Stone and Brandeis agreed with this opinion
Chief Justice Hughes also wrote a separate opinion, agreeing with the other five justices that the act's labor provision was unconstitutional because it was poorly drafted and did not fall within Congress' jurisdiction to regulate interstate commerce but mainly sided with Cardozo's opinion and noted that the act's labor and marketing provisions were not dependent on one another. On April 12, 1937 however, Hughes, who wrote the majority opinion, would find the pro-labor Wagner Act constitutional in five separate cases and noted that it was skillfully drafted and specified interstate commerce regulations.
Read more about this topic: Carter V. Carter Coal Company
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