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For Health Reasons New York City Has Banned the Serving

Question 18

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For health reasons New York City has banned the serving of food containing high concentrations of corn-based sweeteners in restaurants within the city. Suppose that a group of restaurant owners files suit claiming that the new ordinance violates the due process clause of the Fourteenth Amendment. How would a U.S. Supreme Court justice approach such a case from the perspective of:
a. Chief Justice Morrison Waite's opinion of the Court in Munn v. Illinois;
b. Justice Stephen Field's dissent in Munn v. Illinois;
c. Professor James Bradley Thayer's 1893 Harvard Law Review article;
d. Justice Rufus Peckham's opinion of the Court in Lochner v. New York
e. Justice Hugo Black's opinion of the Court in Ferguson v. Skrupa.

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Chief Justice Morrison Waite's opinion i...

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