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. (https://www.oyez.org/cases/1900-1940/304us144) , 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 proposed a bold and lasting idea: not all legislation should be treated equally when it comes to judicial review.
Stone suggested that while economic regulations would generally be upheld if they had a rational basis, laws that appeared to conflict with specific constitutional prohibitions or aimed at "discrete and insular minorities" might require stricter scrutiny. This footnote planted the seed for what would become the modern system of tiered judicial scrutiny—rational basis, intermediate scrutiny, and strict scrutiny—used to assess the constitutionality of laws under the Equal Protection and Due Process Clauses.
Though Footnote Four was not binding, it became one of the most cited and influential passages in constitutional law. It signaled a shift away from the Lochner-era deference to economic liberty and toward more robust judicial protection of civil rights and liberties. The idea that courts have a special role in protecting politically powerless groups fundamentally shaped later decisions in cases involving racial discrimination, free speech, and voting rights.
In this way, a case about dairy regulation became a cornerstone of modern constitutional doctrine. Carolene Products illustrates how even minor legal disputes can produce major legal revolutions—one footnote at a time.
In a rare display of bipartisan unity, the U.S. government is making significant legal advances against Big Tech, with Meta and Google facing tough antitrust scrutiny in simultaneous court cases. In separate proceedings in a Washington federal courthouse, the FTC is attempting to break up Meta, while the DOJ is pressing Google over illegal monopoly practices, including deals to pre-install its AI on smartphones. These efforts reflect years of legal groundwork laid across both the Trump and Biden administrations, showing that concerns over Big Tech’s power and influence transcend party lines—even if the motivations differ. While Democrats emphasize market concentration and data control, Republicans have focused on censorship and political bias. Despite court momentum, legislative action remains stalled, hindered by political polarization and disagreements over broader issues like content moderation and China policy. The bipartisan front could fracture as political dynamics shift, especially with Trump signaling a more cooperative stance toward tech companies–or at least a willingness to extract rents from them.
Meta, Google Hammered in Court in Sign of Rare Left-Right Unity - Bloomberg (https://news.bloomberglaw.com/tech-and-tel...)
The American Bar Association (ABA) laid off over 300 employees after the Trump administration cut $69 million in federal grant funding, according to a new lawsuit filed by the ABA against the Department of Justice. The organization alleges the cuts were politically motivated retaliation for its support of diversity initiatives and criticism of the administration. The terminated grants had funded legal aid programs for domestic violence victims and immigrants, as well as global rule of law initiatives. The layoffs affected about a third of the ABA’s staff, including workers in its South Texas ProBar program and international legal development projects. The DOJ ended the grants shortly after barring its attorneys from participating in ABA events. The ABA is being represented by Democracy Forward in the suit, which also names Attorney General Pam Bondi and Deputy Attorney General Todd Blanche as defendants.
ABA Lays Off 300 Employees, Blaming Trump Grant Funding Cuts (1) (https://news.bloomberglaw.com/business-and...)
Richard Lawson, the lawyer defending President Trump’s executive orders targeting law firms, has faced repeated courtroom defeats while offering vague, evasive answers under judicial questioning. In four separate cases, courts have temporarily blocked Trump’s orders, which aimed to punish firms like Perkins Coie and WilmerHale for their roles in legal actions against him by revoking security clearances and threatening government contracts. Judges have openly criticized the orders as retaliatory and politically motivated. Despite this, Lawson has often appeared alone in court, prompting speculation th...
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