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This Day in Legal History: United States v. Carolene Products Co. Decided
On April 25, 1938, the U.S. Supreme Court issued its decision in United States v. Carolene Products Co., 304 U.S. 144, a seemingly mundane case about a federal law banning the interstate shipment of “filled milk.” But beneath its surface lay one of the most consequential footnotes in American constitutional history. The Court upheld the statute under a rational basis review, affirming Congress's authority to regulate economic activity. However, in Footnote Four of the majority opinion, Justice Harlan Fiske Stone…
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