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U.S. v. Carolene Products: The footnote that ended an era

April 25

The decision in U.S. v. Carolene Products, 1938, demolished the last vestiges of the Lochner era while simultaneously signaling the Court\'s willingness to protect individuals. The majority opinion\'s famous fourth footnote announced the Court\'s intention to defer broadly to legislatures on economic matters while taking a more active role in protecting "discrete and insular minorities" and enumerated rights. Carolene helped usher in a modern (i.e. broad) reading of the commerce clause and a concurrent devotion to enforcing the Bill of Rights against states.