Dorchy v. Kansas

Background

A union official was convicted under a Kansas law that created a special industrial court, made strikes and lockouts unlawful, and imposed criminal penalties on those who used their official power to influence others to break the law or court orders. The state’s highest court affirmed the conviction. After that decision, this Court held a related compulsory-arbitration system unconstitutional in an earlier case, calling into question parts of the Kansas statute.

Reasoning

The central question was whether the specific felony provision punishing union officers for influencing strikes can stand alone now that the broader compulsory-arbitration system has been declared unconstitutional. The Court examined whether the contested provision is separable from the rest of the law and noted the state statute includes a clause saying the legislature intended the law to survive even if parts were invalidated. Because the Kansas Supreme Court had not yet ruled on whether this criminal provision is inseparable from the invalid parts, the national Court concluded the state court should decide that issue first.

Real world impact

The national Court therefore reversed and vacated the state-court judgment and returned the case so the Kansas court can determine whether the felony ban on union officials survives the earlier ruling. The decision does not finally resolve whether the criminal penalty applies. Union leaders, employers, and any pending convictions under that provision remain subject to further state-court review, leaving enforcement uncertain until the state court acts.