Today in Supreme Court History: March 5, 1934

3/5/1934: Nebbia v. New York decided.

 

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[JoeFromtheBronx]

This was a 5-4 opinion by swing man Justice Roberts that flagged a majority was willing to provide some discretion to the states over economic matters. It was something of a false dawn regarding federal authority. That would come in a few years.

The Legislature of New York established, by Chapter 158 of the Laws of 1933, a Milk Control Board with power, among other things, to "fix minimum and maximum . . . retail prices to be charged by . . . stores to consumers for consumption off the premises where sold." The Board fixed nine cents as the price to be charged by a store for a quart of milk. Nebbia, the proprietor of a grocery store in Rochester, sold two quarts and a five cent loaf of bread for eighteen cents, and was convicted for violating the Board's order. At his trial, he asserted the statute and order contravene the equal protection clause and the due process clause of the Fourteenth Amendment, and renewed the contention in successive appeals to the county court and the Court of Appeals. Both overruled his claim and affirmed the conviction.

The majority opinion provided a detailed analysis of the legislation. It cited 19th-century justices regarding the power of the state to regulate the public welfare. Overall, it was deemed reasonable.

(A lot of footnotes were involved.)

Justice Cranky Grandpa (McReynolds) dissented, arguing otherwise, emphasizing that an "emergency" cannot override constitutional demands.