Stanley Forman Reed

Name: Fleming v. Rhodes — Opinion of the Court
Author: Stanley Forman Reed

Fleming v. Rhodes — Opinion of the Court

Summary

“Fleming v. Rhodes — Opinion of the Court”, is a work by Stanley Forman Reed. It explores elements such as the United States, constitutionality and injunction.

Quotes from Fleming v. Rhodes — Opinion of the Court (Stanley Forman Reed)

Stanley Forman Reed, Fleming v. Rhodes — Opinion of the Court

“ I do not feel myself required by the Act of August 24, 1937, to hold that direct appeal lies to this Court whenever a district court finds unconstitutional an application of a statute to the circumstances of a particular case. It is one thing not to allow final determination of the fate of a federal statute to be delayed until a decision of a district court can go through a circuit court of appeals and then reach this Court. ”

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Source: Wikisource

Stanley Forman Reed, Fleming v. Rhodes — Opinion of the Court

“ Of course this does not mean that direct review of district court decisions by this Court would be available only for cases that involve 'the constitutionality as a whole' of a challenged statute. The Act of 1937 refers explicitly to invalidation 'in whole or in part.' Although this is made explicit in § 3 of the Act, the scope of direct review here, on the score of unconstitutionality, ought not to be different under different sections of this Act. A direct appeal is called for only when a district court strikes down, in whole or in part, that which Congress has unequivocally written. ”

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Source: Wikisource

Stanley Forman Reed, Fleming v. Rhodes — Opinion of the Court

“ It is immaterial whether the state judgments were obtained before or after the effective date of the Extension Act. The effort of the appellant is to enjoin future proceedings for eviction after the acquisition by the landlord appellees through valid judgments of what the district court characterized as 'vested rights.' Federal regulation of future action based upon rights previously acquired by the person regulated is not prohibited by the Constitution. ”

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Source: Wikisource

Stanley Forman Reed, Fleming v. Rhodes — Opinion of the Court

“ The incidents of a judgment are not the same in all the States. The effect of this Act upon judgments in the different States may thus involve consideration of the procedure of a particular State. These are hardly questions of the kind which led to the authorization, by the Act of August 24, 1937, of direct review where a district court's decision 'is against the constitutionality of any Act of Congress.' 50 Stat. ”

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Source: Wikisource

Stanley Forman Reed, Fleming v. Rhodes — Opinion of the Court

“ So long as the Constitution authorizes the subsequently enacted legislation, the fact that its provisions limit or interfere with previously acquired rights does not condemn it. Immunity from federal regulation is not gained through forehanded contracts. ”

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Source: Wikisource

Stanley Forman Reed, Fleming v. Rhodes — Opinion of the Court

“ This enables the United States to exercise large discretion, by its determination as to whether or not to intervene, as to what cases are reviewable directly in this Court. [5] The Congress intended prompt review of the constitutionality of federal acts. [6] Since § 1 allows intervention when the constitutionality of an act is 'drawn in question' and § 2 allows appeal after intervention, it follows that there is an appeal from an order that invalidates, as unconstitutional, a statute as applied. ”

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Source: Wikisource

Stanley Forman Reed, Fleming v. Rhodes — Opinion of the Court

“ Were it otherwise the paramount powers of Congress could be nullified by 'prophetic discernment.' [11] The rights acquired by judgments have no different standing. [12] The protection of housing accommodations in defense-areas through the price control acts may be accomplished by the appellant notwithstanding these prior judgments. The preliminary injunctions should have been granted.
Only a word need be said as to the contention that § 265 of the Judicial Code forbids an injunction against the execution of state judgments by state officers. ”

Stanley Forman Reed

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