This paper examines the efforts of some circuit court judges to preserve the integrity of the judicial branch against the encroaching power of the New Deal administrative agencies, especially as represented by the National Labord Relations Board (NLRB). This paper offers a historical overview of the relationship between two circuits and the NLRB; one circuit welcomed the Board's aggressive enforcement of the Act, while the other expressed hostility towards the labor agency's powers and interpretation of the Wagner Act. An examination of the NLRB opinions in these two circuits illustrates the opposing judicial attitudes toward the new turn in labor law reflected in the Wagner Act. More significantly, the opinions also reflect deeply held differences concerning the role of the administrative agency in the American form of governance.
Douglas J. Feeney-Gallagher, Battle on the Benches: The Wagner Act and the Federal Circuit Courts of Appeals, 1935-1942, 23 SEATTLE U. L. REV. 503 (2000).