The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Oral Argument: Monday, December 13, 1948
Decision: Monday, April 4, 1949

Advocates

Not available

Facts of the Case

The Hood Company, a Massachusetts company, owned three milk-receiving stations in New York. The company distributed milk from these facilities in Boston. When the company sought a license for another receiving station in New York, state officials denied its request on the grounds that expanding Hood's facilities would reduce the local supply of milk and result in destructive competition. The company appealed the case to the Supreme Court.

Question

Was New York's denial of the license unconstitutional under the Commerce Clause?

Conclusion

In a 5-to-4 decision, the Court held that New York's restriction on business activity was an unconstitutional application of the Commerce Clause. The Court held that the system fostered by the Clause must be one in which "every farmer and every craftsman shall be encouraged to produce by the certainty he will have free access to every market in the Nation." The Court also emphasized the economic interdependence of the states, warning that "fantastic rivalries. . .and reprisals" would ensue if the states were allowed to enact local protectionist measures.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 5 - 4
Voted with the majority, joined Jackson's opinion
Vinson
Voted with the minority, authored a dissent
Black
Voted with the majority, joined Jackson's opinion
Reed
Voted with the minority, authored a dissent
Frankfurter
Voted with the majority, joined Jackson's opinion
Douglas
Voted with the minority, joined Black's dissent
Murphy
Voted with the majority, authored an opinion
Jackson
Voted with the minority, joined Frankfurter's dissent
Rutledge
Voted with the majority, joined Jackson's opinion
Burton

Cite this page

The Oyez Project, Hood & Sons Inc. v. DuMond, 336 U.S. 525 (1949),
available at: <http://www.oyez.org/cases/1940-1949/1948/1948_92/>
(last visited ).