Fleming v. Rhodes
331 U.S. 100 (1947)

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U.S. Supreme Court

Fleming v. Rhodes, 331 U.S. 100 (1947)

Fleming v. Rhodes

No. 682

Argued April 7, 1947

Decided April 28, 1947

331 U.S. 100


1. The Act of August 24, 1937, 50 Stat. 751, confers power upon this Court to review, on direct appeal, a ruling against the constitutionality of an act of Congress which is made in the application of a statute to a particular circumstance, even though the statute is not challenged as a whole. Pp. 331 U. S. 102-104.

2. Under § 205(a) of the Emergency Price Control Act, as amended by the Price Control Extension Act of July 25, 1946, injunctions to prevent the future eviction of tenants in defense areas may be granted by a federal district court at the instance of the Price Administrator notwithstanding the fact that, between the expiration of the Price Control Act on June 30, 1946, and the enactment of the Price Control Extension Act on July 25, 1946, judgments for restitution of the leased property had been obtained by the landlords in state courts. Pp. 331 U. S. 104-107.

3. Federal regulation of future action based upon rights previously acquired by the person regulated is not prohibited by the Constitution, even though such rights were acquired by judgments. P. 331 U. S. 107.

4. In a suit by the Price Administrator under § 205(a) of the Emergency Price Control Act to prevent the eviction of tenants in a defense area, § 265 of the Judicial Code does not bar an injunction against state officials to prevent the execution of state judgments of eviction. Pp. 331 U. S. 107-108.


Page 331 U. S. 101

In a suit brought by the Price Administrator under 205(a) of the Emergency Price Control Act to prevent execution of judgments of eviction rendered by state courts against tenants in a defense area, a federal district court denied a preliminary injunction on the ground that the provision of § 18 of the Price Control Extension Act of July 25, 1946, making the Act effective retroactively on June 30, 1946, is unconstitutional. On direct appeal, this Court ordered substitution of the Temporary Controls Administrator for the Price Administrator (329 U.S. 688) and reversed the judgment, p. 331 U. S. 108.

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