William O. Douglas

“ States' rights are often used as a cloak to cover unconstitutional encroachments such as the maintenance of second-class citizenship for Negroes or Americans of Mexican ancestry. But a state policy to confine an industrial dispute to the parties and, if possible, not to let it paralyze the entire community cannot be put in that category. ”

“ The opinion is indeed a brilliant brief for a federal law to support the struggle of petitioners to end the ugly conflict The difficulty is that no matter how carefully federal law is examined no express sanction for what petitioners can do can be found. ”

“ But it is strong medicine to say that their right to 'self-help' overrides state law. Certainly it does not when violence is used to injure people and destroy property. AllenBradley Local No. 1111, United Electrical, Radio and Machine Workers of America v. Wisconsin Employment Relations Board, 315 U.S. 740, 62 S.Ct. 820, 86 L.Ed. 1154. For then the States have an arsenal of authority to deal with the situation. ”

“ Congress could pre-empt this field of picketing any rail carrier for purposes of a secondary boycott as our rail carriers and their labor problems are conspicuously within reach of the Commerce Clause. Congress in the Labor Management Relations Act of 1947, 29 U.S.C. § 141 et seq. did legislate on secondary boycotts. [4] 29 U.S.C. § 158 (b) (4) (i) (B) . But it expressly excluded from that regulatory scheme [5] any employer subject to the Railway Labor Act,' § 152 (2) , and any individual employed by such person, § 152 (3) . ”