Hammer v. Dagenhart
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Later opinions that call Hammer overruled report Darby's ruling; the Court's direct treatment is listed below.
34 later cases cite Hammer v. Dagenhart; 34 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Hammer v. Dagenhart?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Overruled
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The Supreme Court overruled Hammer's holding that Congress lacked power to bar goods made with child labor from interstate commerce.
United States v. Darby · Supreme Court of the United States · filed
The conclusion is inescapable that Hammer v. Dagenhart, was a departure from the principles which have prevailed in the interpretation of the Commerce Clause ... and that such vitality, as a precedent, as it then had has long since been exhausted. It should be and now is overruled.
Read the full opinion on CourtListener →
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