JUDICIARY: Bigger Right, Smaller Left

Not every Supreme Court Justice is born a little liberal or a little conservative. Last week Justice Owen Josephus Roberts proved that he was born on the borderline. Having voted on the gold clause cases with the Supreme Court Liberals (TIME, Feb. 25), last week he voted with the Conservatives. Result: a 5-to-4 decision declaring the Railway Pension Law, first "social security" act of the New Deal, unconstitutional.

The railway pension act, passed ten months ago, required railroads to pension their retiring employes. Franklin Roosevelt, who made it law, was its first...

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