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Abstract

Argument: Wednesday, March 20, 1963
Decision: Monday, April 22, 1963
Issues: Economic Activity, State Regulation of Business

Advocates

Not available

Facts of the Case

A Kansas statute made it a misdemeanor to enter into contracts for "debt adjusting" (a practice in which a debtor agrees to pay a monthly fee to an adjustor who then makes payments to the debtor's creditor). Skrupa was in business as a "Credit Advisor" and engaged in this practice. A lower court held that the Kansas statute was an "unreasonable regulation of a lawful business" and struck it down.

Question

Did the Kansas regulation of debt adjusting violate the Due Process Clause of the Fourteenth Amendment?

Conclusion

No. The Court reversed the decision of the lower court and affirmed Kansas's right to regulate debt adjusting. The unanimous decision held that the question of whether the law was wise or reasonable was a legislative and not a judicial one. Justice Black argued that the lower court's ruling relied on old law; the Court had moved out of the business of using the "vague contours" of the Fourteenth Amendment to strike down laws which it had deemed economically unwise. Those were issues for state and national legislatures to address and not the courts. As long as state regulations do not offend a "specific federal constitutional prohibition" or a "valid federal law," they are legitimate.

Supreme Court Justice Opinions and Votes (by Ideology)

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Decision: 9 votes for Ferguson, 0 vote(s) against
Legal Provision: Due Process
Voted with the majority
Douglas
Wrote the majority opinion
Black
Voted with the majority
Warren
Voted with the majority
Brennan
Voted with the majority
Goldberg
Voted with the majority
White
Voted with the majority
Clark
Voted with the majority
Stewart
Wrote a special concurrence
Harlan
Full Opinion by Justice Hugo L. Black

Cite this page

The Oyez Project, Ferguson v. Skrupa, 372 U.S. 726 (1963),
available at: <http://www.oyez.org/cases/1960-1969/1962/1962_111/>
(last visited ).