Dean Milk Co. v. City of Madison, Wisconsin
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Background
Dean Milk Co. v. City of Madison
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Dean Milk Co. v. City of Madison, Wisconsin, 340 U.S. 349 (1951), was a United States Supreme Court case dealing with the Dormant Commerce Clause , used to prohibit states from limiting interstate commerce.
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**Dean Milk Company v. City of Madison, Wisconsin **
Contents
Facts
(https://en.wikipedia.org/w/index.php?title=Dean_Milk_Co._v._City_of_Madison&action=edit§ion=1 "Edit section: Facts")
The court held that a municipal ordinance requiring all milk sold in Madison to be pasteurized at an approved plant within 5 miles of the city, unconstitutionally discriminated against interstate commerce .
Illinois milk producer, Dean Milk, on appeal from a state court holding that found the municipal ordinance to be reasonable, charged that the true purpose of the ordinance was to protect local industries from competition from non-local producers.
Decision
(https://en.wikipedia.org/w/index.php?title=Dean_Milk_Co._v._City_of_Madison&action=edit§ion=2 "Edit section: Decision")
In the court's opinion, Justice Clark said: "In thus erecting an economic barrier protecting a major local industry against competition from without the state, Madison plainly discriminates against interstate commerce. This it cannot do, even in the exercise of its unquestioned power to protect the health and safety of the people, if reasonable nondiscriminatory alternatives... are available".
The fact that in-state producers were also discriminated against was not found to be relevant to the fact that it discriminated against interstate commerce.
Justices Vinson , Reed , Frankfurter , Jackson , and Burton concurred.
Justices Black , Douglas and Minton dissented on the grounds that any imposition on commerce is minor compared to the city's need to insure their milk is healthy without burdening their inspectors.
See also
(https://en.wikipedia.org/w/index.php?title=Dean_Milk_Co._v._City_of_Madison&action=edit§ion=3 "Edit section: See also")
_City of Philadelphia v. New Jersey _, 437 U.S. 617 (1978)
Further reading
(https://en.wikipedia.org/w/index.php?title=Dean_Milk_Co._v._City_of_Madison&action=edit§ion=4 "Edit section: Further reading")
- Eule, Julian N. (1982). "Laying the Dormant Commerce Clause to Rest" (PDF). The Yale Law Journal. 91 (3). The Yale Law Journal Company, Inc.: 425–485. doi :10.2307/795926 . JSTOR 795926 .
External links
(https://en.wikipedia.org/w/index.php?title=Dean_Milk_Co._v._City_of_Madison&action=edit§ion=5 "Edit section: External links")
- Text of Dean Milk Co. v. City of Madison, Wisconsin, 340 U.S. 349 (1951) is available from: CourtListener Google Scholar Internet Archive (docket files) Justia Library of Congress
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