More formally, that would be Ashwander v. TVA, decided Monday, February 17, 1936, 8-1, Justice Hughes writing, Justice McReynolds dissenting (no surprise there), with a memorable concurrence by Justice Brandeis in which he articulates his views on the place of judicial review. Boy, does anybody remember this kind of New Deal conflict any more, over the government's power to manage commerce? Oh, right: it seems we are still relitigating and rearguing some of those old issues, not least in the arena of health care.T.V.A Wins Right to Sell Power
In 8-1 Supreme Court Decision
Applying Only to Wilson Dam
In context, Ashwander seems to have been a major breakthrough. A second-lede two-column hed above the fold in the same paper tells us that
And below that, a single column:Stocks Soar and Fall as Wall St.
Guesses Wrong on the T.V.A. Ruling
That third is basically a reaction piece, giving the proponents the proponents a chance to wax ecstatic about the opinion "as safeguarding from legal attack the large power projects of the Administration, including Grand Coulee and Bonneville in the Northwest on the Columbia River and Fort Peck on the Missouri River in Montana."T.V.A. Ruling
Meanwhile Justice McReynolds, per the HT "took the view ... that T.V.A. was using constitutional authority merely as a 'thin mask' with the definite design of accomplishing wholly unconstitutional purposes." My father was a much nicer man than the mean-spirited McReynolds but on the point at issue, he would have agreed. My mother, I trust, had other things on her mind.
Afterthought: Thin mask? Maybe he means thin wedge?