Burns Baking Company v. Bryan 264 U.S. 504 (1924)

• Author: David Gordon
• Pages: 278

Page 278

The Supreme Court, speaking through Justice PIERCE BUTLER, declared unconstitutional a Nebraska statute that prohibited short-weighting as well as overweighting of bread as a violation of DUE PROCESS and an arbitrary interference with private business. Justice LOUIS D. BRANDEIS dissented, joined by OLIVER WENDELL HOLMES, decrying the decision as "an exercise of the powers of a superlegislature," and urging deference to the legislature's basis for state action.

DAVID GORDON

(1986)