Youngstown Sheet & Tube Co. v. Sawyer · ¶141

The Selective Service Act of 1948 gives the President specific authority to seize plants which fail to produce goods required by the armed forces or the Atomic Energy Commission for national defense purposes. The Act provides that when a producer from whom the President has ordered such goods “refuses or fails” to fill the order within a period of time prescribed by the President, the President may take immediate possession of the producer’s plant. This language is significantly broader than that used in the National Defense Act of 1916 and the Selective Training and Service Act of 1940, which provided for seizure when a producer “refused” to supply essential defense materials, but not when he “failed” to do so.

U. S. Reports, bound volume
U. S. Reports, volume 343, at 579 (Library of Congress) · transcription: Caselaw Access Project
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