NEBBIA v. NEW YORK
Term:
- 1901-1939
Location:
Grocery Store
Facts of the Case
To combat the effects of the Great Depression, New York adopted a Milk Control Law in 1933 which established a board empowered to set a minimum retail price for milk. Nebbia was a store owner who violated the law.
Question
Did the regulation violate the Due Process Clause of the Fourteenth Amendment?
Conclusion
No. In a case which included a lengthy discussion of the Due Process Clause, the Court held that since the price controls were not "arbitrary, discriminatory, or demonstrably irrelevant" to the policy adopted by the legislature to promote the general welfare, it was consistent with the Constitution. There was nothing "peculiarly sacrosanct" about prices which insulates them from government regulation, argued Justice Roberts.
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Cite this Page
NEBBIA v. NEW YORK. The Oyez Project at IIT Chicago-Kent College of Law. 19 May 2013. <http://www.oyez.org/cases/1901-1939/1933/1933_531>.
NEBBIA v. NEW YORK, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1901-1939/1933/1933_531 (last visited May 19, 2013).
"NEBBIA v. NEW YORK," The Oyez Project at IIT Chicago-Kent College of Law, accessed May 19, 2013, http://www.oyez.org/cases/1901-1939/1933/1933_531.