Legal Opinion · Dissent

Lamar Bowers v. United States

Court of Appeals for the Fifth Circuit

Decided December 1, 1955No. 15275Published

1DissentCameron, Circuit Judge

In my opinion, the result announced by the majority opinion is reached by a tortured construction of the plain language of a statute having a definitely ascertainable meaning, and denies to appellant rights guaranteed to him by the Constitution. I dissent, therefore, and set forth the reasons therefor.

I

The statute construed is included in the portion of the Agricultural Adjustment Act of 1938 devoted exclusively to peanuts, Part VI, “Marketing Quotas— Peanuts”. This section of the Act bears the heading, “Marketing Penalties”, and begins with these words:1

“(a) The marketing of any pear nuts in…

2Cases cited44 opinions

  1. Olmstead v. United StatesSupreme Court of the United States · 1928
  2. Wickard v. FilburnSupreme Court of the United States · 1942
  3. Tot v. United StatesSupreme Court of the United States · 1943
  4. American Communications Assn. v. DoudsSupreme Court of the United States · 1950
  5. Morgan v. United StatesSupreme Court of the United States · 1938

39 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API