Today in Supreme Court History: April 25, 1938

4/25/1938: United States v. Carolene Products decided.

Comments

[Dan Schiavetta]

Josh doesn’t mention the only reason the case is important.

[Dan Schiavetta]

Or why “everyone should know” it.

[Michael P]

It really says something (about you) that you're just now noticing that.

[Dan Schiavetta]

Indeed — I’m stunned!

[Michael P]

The posts here haven't said what was significant about the decisions for a very long time. They link to a discussion of the case instead. Why would you expect this one to be different?

[Dan Schiavetta]

There was plenty of room in that 60 second spot to mention footnote 4 and strict scrutiny.

[Dilan Esper]

I thought the important thing about the case was what it said about the constitutionality of filled milk regulations.

[Dan Schiavetta]

You're right. The Restatement (Second) of Filled Milk Regulations had to be extensively revised, esp. §§ 784 - 832b. Sorry I missed that.