| Venue: | SCOTUS |
| Facts: | There's a regulation against interstate sale of filled milk. This is a major issue for the producers. |
| Posture: | Demurrer at trial; overruled on appeal. |
| Issue: | Is this a taking? |
| Holding: | No; this is a constitutional exercise of the power to regulate interstate commerce. Reversed. |
| Rule: | The power to regulate includes the power to prohibit, and the legislature has the power to protect the public. |
| Reasoning: | The public needs protection. We don't presume enactments are unconstitutional. The fact that the filled milk act doesn't fix some problems doesn't render it invalid, insofar as it does address others. |
| Dicta: | Footnote 3: But we will protect discrete and insular minorities. And we might take a dim view of legislation that strays too near actual prohibitions in the constitution. |