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The White Court (1910–21)

Labor

Which justices dissented in Duplex Printing?

Justices Louis Brandeis, Oliver Wendell Holmes, and John Hessin Clarke dissented in an opinion written by Brandeis. They contended that provisions in the Clayton Act provided that secondary boycotts could not be prohibited or enjoined by courts. Brandeis wrote that the “Clayton Act substituted the opinion of Congress as to the propriety of the purpose for that of differing judges; and thereby it declared that the relations between employers of labor and workingmen were competitive relations, that organized competition was not harmful and that it justified injuries necessarily inflicted in its course.”



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