LAW
GPO-CONAN-2017-10-15.pdf

Id at 30304 1607 the grandfather clause upheld in

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the Fourteenth Amendment.” Id. at 303–04. 1607 The “grandfather” clause upheld in Dukes preserved the operations of two concerns that had operated in the Quarter for 20 years. The classification was sus- tained on the basis of (1) the City Council proceeding step-by-step and eliminating vendors of more recent vintage, (2) the Council deciding that newer businesses were less likely to have built up substantial reliance interests in continued operation in the Quarter, and (3) the Council believing that both “grandfathered” vending inter- ests had themselves become part of the distinctive character and charm of the Quar- ter. 427 U.S. at 305–06. See also Friedman v. Rogers, 440 U.S. 1, 17–18 (1979); United States v. Maryland Savings-Share Ins. Corp., 400 U.S. 4, 6 (1970). 1608 Minnesota v. Clover Leaf Creamery Co., 449 U.S. 456, 461–70 (1981). The quoted phrase is at 466 (emphasis by Court). Purporting to promote the purposes of resource conservation, easing solid waste disposal problems, and conserving energy, the legislature had banned plastic nonreturnable milk cartons but permitted all other nonplastic nonreturnable containers, such as paperboard cartons. The state court had thought the distinction irrational, but the Supreme Court thought the legisla- ture could have believed a basis for the distinction existed. Courts will receive evi- 2124 AMENDMENT 14—RIGHTS GUARANTEED
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dence that a distinction is wholly irrational. United States v. Carolene Products Co., 304 U.S. 144, 153–54 (1938). Classifications under police regulations have been held valid as follows: Advertising: discrimination between billboard and newspaper advertising of ciga- rettes, Packer Corp. v. Utah, 285 U.S. 105 (1932); prohibition of advertising signs on motor vehicles, except when used in the usual business of the owner and not used mainly for advertising, Fifth Ave. Coach Co. v. New York, 221 U.S. 467 (1911); prohibition of advertising on motor vehicles except notices or advertising of prod- ucts of the owner, Railway Express Agency v. New York, 336 U.S. 106 (1949); prohi- bition against sale of articles on which there is a representation of the flag for ad- vertising purposes, except newspapers, periodicals and books, Halter v. Nebraska, 205 U.S. 34 (1907). Amusement: prohibition against keeping billiard halls for hire, except in case of hotels having twenty-five or more rooms for use of regular guests. Murphy v. Califor- nia, 225 U.S. 623 (1912). Attorneys: Kansas law and court regulations requiring resident of Kansas, li- censed to practice in Kansas and Missouri and maintaining law offices in both States, but who practices regularly in Missouri, to obtain local associate counsel as a condi- tion of appearing in a Kansas court. Martin v. Walton, 368 U.S. 25 (1961). Two dis- senters, Justices Douglas and Black, would sustain the requirement, if limited in application to an attorney who practiced only in Missouri.
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