Episode 89: A Deep Dive into the Steel Seizure Case (Youngstown Sheet & Tube v. Sawyer)

September 4, 2018

And we are back…with a second-consecutive deep-dive episode.  This week, Professors Chesney and Vladeck explore the iconic 1952 decision of the Supreme Court in Youngstown Sheet & Tube Co. v. Sawyer, better known as the “Steel Seizure Case.”  It’s an all-time classic regarding the separation of powers in general and war-related powers in particular (not to mention constitutional interpretive method, theories of emergency power, and more).  In this deep dive, we:

  • place the ruling in factual and historical context
  • trace the doctrinal threads across the many separate opinions (and, yes, we’ll use the phrase “tripartite framework”…talk about an old chestnut!)
  • explore what the Court did and did not actually settle, and what sort of shadow the case has cast over time
  • identify the impact of key subsequent rulings (including Dames & Moore v. Regan and Hamdan v. Rumsfeld).

Like last week, bear in mind that this episode was pre-recorded in August (in this case, on Thursday August 23).  We’ll be back with regular “current” shows the week after Labor Day!

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