John Marshall Harlan II

“ Had the 1945 decree simply represented relief awarded by the District Court after a trial of the action instituted by petitioners, there could be little doubt but that, faced with the 1951 amendment to the Railway Labor Act, it would have been improvident for the court to continue in effect this provision of the injunction prohibiting a union shop agreement as being unlawful per se, or its use as an instrument to effectuate other statutorily forbidden discriminations. ”

“ This conclusion would not be affected by the circumstance, which the District Court here found, that the unions' hostility to nonunion employees still continued, for any discriminations that might be facilitated by the union shop clause have been legislatively determined to be an expense more than offset by the benefits of such a provision.
What seems plain to us in reason, as to a litigated decree, is amply supported by precedent. ”

“ In short, it was the Railway Labor Act, and only incidentally the parties, that the District Court served in entering the consent decree now before us. The court must be free to continue to further the objectives of that Act when its provisions are amended. The parties have no power to require of the court continuing enforcement of rights the statute no longer gives. ”

“ International Brotherhood, 7 Cir., 133 F.2d 955 (whether ordinary strikes are forbidden by the Sherman Act, 15 U.S.C.A. §§ 1-7, 15 note, and what picketing can constitutionally be enjoined) .↑ In Coca-Cola Co. v. ”