Chapter 6 - Nebbia

Summary

Continuing the eamination of early Hughes Court decisins dealing with economic regulation that were seen as relevant to its disposition of cases involving New Deal legislation, the Chapter describes the background of Nebbia v. New York, in which the Court upheld an extensive system of price regulation for milk. Justice Roberts’s opinion, his first important one for the Court, offered an expansive idea of “businesses affected with a public interest,” which observers and later commentators see as providing a basis for the Court’s decisions after 1937 allowing extensive economic regulation.