William O. Douglas

“ May a state prescribe standards for employment that have no relevancy to the competency of the men to perform the work? Under this Compact a man who, in a reckless moment runs over a person in his car and kills him and is convicted of manslaughter, apparently stands disqualified for employment. So does a Communist, whether he be of the cloak and dagger variety or a paler type. Are those criteria constitutional? An individual who is deprived of employment for such a reason could raise the question. ”

“ The right to work-which goes to the very heart of our way of life-is at stake in these appeals. If we conclude that the Compact is constitutional, we should give our reasons so that all interests will be protected. Congress expected as much in all but frivolous cases coming here by appeal. ”

“ These appeals should not be added to that growing list.
New York and New Jersey made a Compact, approved by Congress, for the regulation of employment on the waterfront of New York. [1] The agency through which the plan is effected is the Waterfront Commission, composed of one representative of New York and one of New Jersey. It has charge of the employment of all longshoremen. A longshoremen's register is established; and no one can be employed unless he is on the register. ”