ocess of law. Relying upon public policy and its supervisory
authority over federal courts, it has reached results similar to those
arrived at under the equal protection clause of the Fourteenth
Amendment, in refusing to enforce restrictive covenants in the District
of Columbia,[151] and in reversing a judgment of a Federal District
Court because of the exclusion of day laborers from the jury panel;[152]
and in Steele _v._ Louisville & N.R. Co.[153] the Railway Labor Act was
construed to require a collective bargaining representative to act for
the benefit of all members of the craft without discrimination on
account of race. Chief Justice Stone indicated that any other
construction would raise grave constitutional doubts,[154] while in a
concurring opinion, Justice Murphy asserted unequivocally that the act
would be inconsistent with the Fifth Amendment if the bargaining agent,
acting under color of federal authority, were permitted to discriminate
against any of the persons he was authorized to represent.[155]

DEPRIVATION OF LIBERTY

In consequence of the explicit assurances of individual liberty
contained in other articles of the Bill of Rights, the clause in the
Fifth Amendment forbidding the deprivation of "liberty" without due
process of law has been invoked chiefly in resistance to measures
alleged to abridge liberty of contract. The two leading cases which held
legislation unconstitutional on this ground have, however, both been
overturned in recent years. Adair _v._ United States,[156] which
invalidated an act of Congress prohibiting any interstate carrier from
threatening an employee with loss of employment if he joined a labor
union, was overruled in substance by Phelps Dodge Corp. _v._ National
Labor Relations Board.[157] Adkins _v._ Children's Hospital,[158] in
which a minimum wage law for the District of Columbia was found to be an
unwarranted abridgment of the liberty of contract, was expressly
repudiated by West Coast Hotel Co. _v._ Parrish.[159] Numerous other
statutes--antitrust laws,[160] acts limiting hours of labor,[161]
prohibiting advance of wages to seamen,[162] making carriers liable for
injuries suffered by employees irrespective of previous contractual
arrangements,[163] requiring employers to bargain collectively with
employees[164] and fixing prices of commodities[165] have been sustained
against attack on this ground.

Interpreting statutes which made the guaranty of due process of law