[789] “The Steel Seizure Case: A Judicial Brick Without Straw,” 53 _Columbia Law Review_, 53-66, 64-65 (1953). [790] Frankfurter, J., _op. cit._, 589 and 593-614; Jackson, J., 634-55; Burton, J., 655-60; Clark, J., 660-67; Douglas, J., 629-34. [791] _Id._, at 637. This identical element is present in Justice Clark’s concurring opinion, and perhaps it is more clearly stated. _Id._, 660-61. Corwin says: “Only Justice Clark, however, guided by Marshall’s opinion in the early case of _Little_ v. _Barreme_, had the courage to draw the appropriate conclusion: Congress having entered the field, its ascertainable intention supplied the law of the case.” _Op. cit._, at 65. [792] _Id._, at 634. [793] _Id._, at 635. [794] _Id._, at 635-637. [795] _Id._, at 640. [796] _Op. cit._ [797] _Youngstown Sheet & Tube Co._ v. _Sawyer_, _op. cit._, at 632. [798] _Id._ [799] _Id._ [800] _Op. cit._, 667-710, 708. Reed and Minton, JJ. concurred in Vinson’s dissent. _The Steel Strike of 1959._ [801] Texts of Comments in the Steel Dispute--The President’s Letter, _New York Times_, September 9, 1959. The Union reply appears in the same issue; that of the major steel firms appeared in the _New York Times_, September 10, 1959. Reprinted in the _Congressional Record_ for September 15, 1959, pp. 18102-18103. [802] 61 Stat. 136, 155 as amended, 29 U.S.C. 176-180. [803] Section 206 states: “Whenever in the opinion of the President of the United States, a threatened or actual strike or lock-out affecting an entire industry or a substantial part thereof engaged in trade, commerce, transportation, transmission, or communication among the several States or with foreign nations, or engaged in the production of goods for commerce, will, if permitted to occur or to continue, imperil the national health or safety, he may appoint a board of inquiry to inquire the issues involved in the dispute and to make a written report to him within such time as he shall prescribe. Such report shall include a statement of the facts with respect to the dispute, including each party’s statement of its position but shall not contain any recommendations. The President shall file a copy of such report with the Service and shall make its contents available to the public.” [804] The board was originally directed to make its report on October 16, 1959, but the time was extended until October 19 by Executive Order No. 10848. [805] Report to the President of the Board of Inquiry, Oct. 19, 1959, pp. 11-33. [806] _Id._, p. 28. [807] _United Steelworkers of America_, Petitioner v. _United States of America_, Brief for the United States in Opposition, p. 5. [808] _Id._, pp. 11-14. Affidavits of Acting Secretary of Defense Thomas Gates; A. R. Luedecke, General Manager of the Atomic Energy Commission; Hugh L. Dryden, Deputy Administrator of NASA. [809] Government Brief, “The Findings of the District Court,” pp. 23-26; 71-81. [810] Govt’s brief, p. 26.