Summary

Portrait of Felix Frankfurter Felix Frankfurter Utah Junk Company v. Porter — Opinion of the Court

It surely does not commend itself to good sense to bar a direct protest to the Administrator so easily justified by an unstrained reading of the Act, because leave might be obtained to litigate the issue in a roundabout way, involving violations of a presumptively valid regulation. And in the event that the Administrator's insistence on the validity of the old maximum scrap price schedule is not challenged by violation, it could not be tested by bringing a suit on the contract for the additional price.
Source: Wikisource

Portrait of Felix Frankfurter Felix Frankfurter Utah Junk Company v. Porter — Opinion of the Court

All construction is the ascertainment of meaning. And literalness may strangle meaning. But in construing a definite procedural provision we do well to stick close to the text and not import argumentative qualifications from broad, unexpressed claims of policy. Insofar as such considerations are relevant here, however, they tell against cutting down the natural meaning of the language Congress chose.
Source: Wikisource

Get perspective with Kwize: daily news enlightened by great literature