Abstract

The last of these questions can be answered Yes without hesitation. The Court has uniformly approved price fixing legislation since the early New Deal, and it cannot be expected to reverse forty years of consistent holdings, even with recent and impending changes in its membership. Decisions sustaining the propriety of legislation that authorizes the strict regulation of public utilities could be cited in profusion, and there have been no recent and significant Supreme Court exceptions. For example, in I934 the Court upheld a New York statute which established a milk control board with power to fix maximum and minimum retail prices. Mr. Justice Roberts, speaking for the majority, said that the fifth and fourteenth amendments

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