Here’s something that’s been bothering me. I cannot find any accounts of the oral argument in West Coast Hotel, which was the case that marked the Court’s switch on the New Deal. Newspaper coverage of oral arguments was spotty back then. Some cases got a lot, but most got none. (The New York Times, for example, merely noted that the argument in West Coast Hotel happened without saying more.) And there were no transcripts of argument the way that there are today.
I ask because I find it surprising that Justice Roberts did not tip his hand at oral argument that he would switch his view on the constitutionality of the minimum wage for women. Or maybe he did and nobody was paying attention. I’ll keep looking to see if some other paper did provide more detail on what happened in Court, but it’s a shame if no record exists at all.