DEAN MILK COMPANY v. MADISON

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Case Basics
Docket No. 
258
Appellant 
Dean Milk Company
Appellee 
Madison
Advocates
(argued the cause for the appellant)
(argued the cause for the appellant)
(argued the cause for the appellee)
(argued the cause for the appellee)
Term:
Facts of the Case 

A Madison, Wisconsin ordinance prohibited the sale of milk within city limits unless it came from a local farm or was pasteurized at an approved plant within five miles of the center of Madison. When the Dean Milk Company, located in Illinois, was denied a permit to sell milk, it filed suit against the city.

Question 

Did the Madison ordinance unconstitutionally interfere with interstate commerce?

Conclusion 

In a 6-to-3 decision, the Court held that the Wisconsin ordinance imposed an "undue burden" on interstate commerce. The Court argued that general discrimination against non-local producers was not narrowly tailored to serve the city's interests. Reasonable, nondiscriminatory alternatives were available to ensure milk sold in the city was wholesome and properly pasteurized. "To permit Madison to adopt a regulation not essential for the protection of local health interest and placing a discriminatory burden on interstate commerce would invite a multiplication of preferential trade areas destructive of the very purpose of the Commerce Clause."

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DEAN MILK COMPANY v. MADISON. The Oyez Project at IIT Chicago-Kent College of Law. 20 October 2014. <http://www.oyez.org/cases/1950-1959/1950/1950_258>.
DEAN MILK COMPANY v. MADISON, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1950-1959/1950/1950_258 (last visited October 20, 2014).
"DEAN MILK COMPANY v. MADISON," The Oyez Project at IIT Chicago-Kent College of Law, accessed October 20, 2014, http://www.oyez.org/cases/1950-1959/1950/1950_258.