excalibur
Diamond Member
- Mar 19, 2015
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Such an abuse of the commerce clause; and the unintended consequences never affected SCOTUS but affected society for decades.
Justice Clark wrote the majority opinion, with concurrences by Justices Black, Douglas, and Goldberg. In section 2 of the opinion, the Court agreed with McClung that Ollie's itself had virtually no effect on interstate commerce. In section 4 of the opinion, the Court held that racial discrimination in restaurants had a significant impact on interstate commerce and so Congress has the power to regulate this conduct under the Commerce Clause. The Court's conclusion was based on extensive Congressional hearings on the issue. The Court cited testimony that African Americans spent significantly less time in areas with racially segregated restaurants and that segregation imposed an artificial restriction on the flow of merchandise by discouraging African Americans from making purchases in segregated establishments. The Court gave the greatest weight to evidence that segregation in restaurants had a "direct and highly restrictive effect upon interstate travel by Negroes."
Wikiwand - Katzenbach v. McClung
Katzenbach v. McClung, 379 U.S. 294 (1964), was a landmark decision of the U.S. Supreme Court which unanimously held that Congress acted within its power under the Commerce Clause of the United States Constitution in forbidding racial discrimination in restaurants as this was a burden to...
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