Editing Charles Evans Hughes (section)

===Later tenure===
[[File:Face detail, Douglas dons robes of Supreme Court Justice. Washington, D.C., April 17. William Orville Douglas, 40 year old successor to retired Justice Louis D. Brandeis, today donned the robes of an LCCN2016875459 (cropped).tif|thumb|Associate Justice [[William O. Douglas]] served alongside Hughes on the Supreme Court]]
After 1937, the Hughes Court continued to uphold economic regulations, with McReynolds and Butler often being the lone dissenters.<ref>{{harvnb|ps=.|Simon|2012|pp=357–358, 364}}</ref> The liberal bloc was strengthened even further in 1940, when Butler was succeeded by another Roosevelt appointee, [[Frank Murphy]].<ref>{{harvnb|ps=.|Simon|2012|p=375}}</ref> In the case of ''[[United States v. Carolene Products Co.]]'', Justice Stone's majority opinion articulated a broad theory of deference to economic regulations. ''Carolene Products'' established that the Supreme Court would conduct a "[[rational basis review]]" of economic regulations, meaning that the Court would only strike down a regulation if legislators lacked a "rational basis" for passing the regulation. The Supreme Court showed that it would defer to state legislators in the cases of ''Madden v. Kentucky'' and ''[[Olsen v. Nebraska]]''.<ref>{{harvnb|ps=.|Ross|2007|pp=141–142}}</ref> Hughes joined the majority in another case, ''[[United States v. Darby Lumber Co.]]'', which upheld the [[Fair Labor Standards Act of 1938]].<ref>{{harvnb|ps=.|Ross|2007|pp=150–151}}</ref>

The Hughes Court also faced several civil rights cases. Hughes wrote the majority opinion in ''[[Missouri ex rel. Gaines v. Canada]]'', which required the state of Missouri to either integrate its law school or establish a separate law school for African-Americans.<ref>{{harvnb|ps=.|Simon|2012|pp=358–359}}</ref> He joined and helped arrange unanimous support for Black's majority opinion in ''[[Chambers v. Florida]]'', which overturned the conviction of a defendant who had been coerced into confessing a crime.<ref>{{harvnb|ps=.|Simon|2012|pp=373–374}}</ref> In the 1940 case of ''[[Minersville School District v. Gobitis]]'', Hughes joined the majority decision, which held that public schools could require students to salute the [[American flag]] despite the students' religious objections to these practices.<ref>{{harvnb|ps=.|Simon|2012|pp=374–376}}</ref>

Hughes began to consider retiring in 1940, partly due to the declining health of his wife. In June 1941, he informed Roosevelt of his impending retirement.<ref>{{harvnb|ps=.|Simon|2012|pp=382–386}}</ref> Hughes suggested that Roosevelt elevate Stone to the position of Chief Justice, a suggestion that Roosevelt accepted.<ref>{{harvnb|ps=.|Simon|2012|p=387}}</ref> Hughes retired in 1941, and Stone was confirmed as the new Chief Justice, beginning the [[Stone Court (judges)|Stone Court]].