Reversing several precedents, the Supreme Court held that the Fourteenth Amendment did not prohibit the states from regulating most aspects of any business open to the public.
Responding to the decline of milk prices during the Great Depression, the New York legislature passed the Milk Control Law of 1933, which created a board to fix the retail prices of milk. Leo Nebbia, proprietor of a small grocery store in Rochester, was convicted for selling two quarts of milk below the established price of nine cents each. By a 5-4 vote, the Supreme Court upheld both the conviction and the constitutionality of the law. Writing for the majority, Justice Owen J. Roberts
In dissent, Justice James C. McReynolds
Commerce, regulation of
Due process, substantive
Munn v. Illinois
Wolff Packing Co. v. Court of Industrial Relations