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BLODGETT v. HOLDEN

No. 154.

275 U.S. 142 (1927)

BLODGETT v. HOLDEN, COLLECTOR.

Supreme Court of United States.

Decided November 21, 1927.

Attorney(s) appearing for the Case

Mr. Mark Norris for Blodgett.

Mr. Alfred A. Wheat, Special Assistant to the Attorney General, with whom Solicitor General Mitchell and Mr. Robert P. Reeder, Special Assistant to the Attorney General, were on the brief, for Holden, Collector.

The CHIEF JUSTICE, MR. JUSTICE VAN DEVANTER, and MR. JUSTICE BUTLER concur in this opinion.

MR. JUSTICE HOLMES:

Although research has shown and practice has established the futility of the charge that it was a usurpation when this Court undertook to declare an Act of Congress unconstitutional, I suppose that we all agree that to do so is the gravest and most delicate duty...

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