Constitutional Law Keyed to Cohen
Youngstown Sheet & Tube Co. v. Sawyer
Facts
During the Korean War, a dispute arose among steel companies causing the President to believe that the proposed work stoppage would result in a vulnerable national defense. As a result, the President issued Executive Order 10340 directing the Secretary of Commerce to take control of the mills and insure that they keep running. The Plaintiffs, companies affected by the Order, brought suit against the Secretary. The District Court issued a preliminary injunction preventing the Secretary from “continuing seizure and possession of the plants.” Later that day, the Court of Appeals stayed the District Court’s injunction deeming that the issues needed to be addressed by the Supreme Court of the United States.
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