United States v. Carolene Products Co.
Citation
304 U.S. 144 (1938)
Facts
A federal law banned the shipment of “filled milk” (skimmed milk combined with non-milk fat) in interstate commerce. The Carolene Products Company challenged the statute as exceeding Congress’s commerce power and violating due process.
Issue
Whether Congress may ban shipment of filled milk in interstate commerce under a rational basis standard of review.
Holding
The Court upheld the statute under rational basis review, deferring to Congress’s legislative judgment that filled milk was injurious to public health.
Rule
Economic legislation receives only rational basis review; however, Footnote 4 suggests heightened scrutiny may be appropriate for laws restricting political processes or burdening discrete and insular minorities.