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Abstract

Oral Argument: Monday, December 4, 1933
Decision: Monday, March 5, 1934
Categories: due process, fourteenth amendment, regulation, states

Advocates

Not available

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.

Cite this page

The Oyez Project, Nebbia v. New York, 291 U.S. 502 (1934),
available at: <http://www.oyez.org/cases/1901-1939/1933/1933_531/>
(last visited ).