Summary

Portrait of Hugo Black Hugo Black Boys Markets, Inc. v. Retail Clerk's Union…

Art. I. It is the Congress, not this Court, that responds to the presures of political groups, pressures entirely proper in a free society. It is Congress, not this Court, that has the capacity to investigate the divergent considerations involved in the management of a complex national labor policy. And it is Congress, not this Court, that is elected by the people. This Court should, therefore, interject itself as little as possible into the law-making and law-changing process. Having given our view on the meaning of a statute, our task is concluded, absent extraordinary circumstances.
Source: Wikisource

Portrait of Hugo Black Hugo Black Boys Markets, Inc. v. Retail Clerk's Union…

The Court undertakes the task of interpretation, however, not because the Court has any special ability to fathom the intent of Congress, but rather because interpretation is unavoidable in the decision of the case before it. When the law has been settled by an earlier case then any subsequent 'reinterpretation' of the statute is gratuitous and neither more nor less than an amendment: it is no different in effect from a judicial alteration of language that Congress itself placed in the statute.
Altering the important provisions of a statute is a legislative function.
Source: Wikisource

Portrait of Hugo Black Hugo Black Boys Markets, Inc. v. Retail Clerk's Union…

The effect of the Avco decision is, indeed, to highlight the limited remedial powers of federal courts. But if the Congress is unhappy with these powers as this Court defined them, then the Congress may act; this Court should not. The members of the majority have simply decided that they are more sensitive to the 'realization of an important goal of our national labor policy' than the Congress or their predecessors on this Court.
Source: Wikisource

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