Doctrine
Unsupported
The movement claim that Nebbia v. New York's broad liberty definition is the Supreme Court's majority holding, not a dissent, is unsupported
The broad 'liberty' language movement literature quotes as Nebbia's holding is actually from McReynolds's dissent. The majority opinion upheld New York's milk-price regulation as a valid economic regulation under the police power. Reading the dissent as the holding inverts the case's actual significance.
4 min read
May 12, 2026