Totalitarian Award of March 5 to Brandeis, Cardozo,…

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A week or so late, so sue me. On March 5, 1934, the U.S. Supreme Court in Nebbia v. New York ruled against Nebbia (5-4).  From Wiki: “Leo Nebbia, the owner of a grocery store, sold two quarts of milk and a 5-cent loaf of bread for 18 cents. Nebbia was found guilty of violating the price regulations…” This decision by Brandeis, Cardozo, Hughes, Roberts, and Stone helped eviscerate the right of private contract, a.k.a. liberty. McReynolds in his dissent wrote “This is not regulation, but management, control, dictation.” More broadly, McReynolds understood the meaning of the Due Process Clause in the 14th Amendment as incorporating the rights declared by the Declaration. In Meyer v. Nebraska (1923), he wrote that due process included an individual’s right “to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, to establish a home and bring up children, to worship God according to the dictates of his conscience, and generally to enjoy privileges, essential to the orderly pursuit of happiness by free men.”

9:38 am on March 13, 2010