Today in Supreme Court History

Today in Supreme Court History: April 6, 1938

|The Volokh Conspiracy |

4/6/1938: United States v. Carolene Products argued.


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  1. Gross as it sounds, you can still buy filled milk.

    1. It, and sweetened condensed milk, are used for certain recipes.

  2. I’m emotionally compromised after reading this, it was very much a struggle trying to keep from full on sobbing while my family were in the next room lol. I don’t think I need to say much about this book other than that the writing is beautiful, the illustrations are beautiful, and that I’m going to be in a patrick ness invoked daze for the rest of the week

  3. I never understood the “safety” rationale of this case because (unlike today) there was no interstate commerce in *fluid* milk, and there were really serious safety issues involving the fluid milk sold in the cities.

    Hence, from a public health standpoint, this was a safer product than fluid milk as it neither needed to be refrigerated and had been (essentially) pasteurized at a time when most milk still wasn’t.

  4. 4. Don’t worry, we won’t trust the government in all cases, just when it comes to rent-seeking economic regulations.

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