Magazine content is available exclusively for TIME subscribers.JUDICIARY: Anti-New Deal No. 1
Last week the U. S. Supreme Court rendered its first major decision against President Roosevelt. The case was a significant test of the New Deal's extraordinary powers procured from Congress in the name of Emergency and Recovery. A group of Texas oil companies were contesting against Presidential orders, issued under section 9c of the National Industrial Recovery Act prohibiting the interstate shipment of "hot oil." With only Justice Cardozo dissenting, Chief Justice Hughes read the court's opinion:
"In every case in which the question has been raised, the Court has recognized that there are limits of delegation [of power by Congress]...
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