minnesota clover leaf creamery argued november decided january stated purposes promoting resource conservation easing solid waste disposal problems conserving energy minnesota legislature enacted statute banning retail sale milk plastic nonreturnable nonrefillable containers permitting sale nonreturnable nonrefillable containers paperboard cartons respondents filed suit minnesota district seeking enjoin enforcement statute constitutional grounds district held statute violated inter alia equal protection clause fourteenth amendment commerce clause finding evidence conclusively demonstrate discrimination plastic nonrefillables rationally related act objectives minnesota affirmed equal protection ground without reaching commerce clause issue held ban plastic nonreturnable milk containers bears rational relation state objectives must sustained equal protection clause pp equal protection clause deny minnesota authority ban one type milk container conceded cause environmental problems merely another already established type permitted continue use whether fact statute promote environmentally desirable milk packaging question equal protection clause satisfied minnesota legislature rationally decided ban plastic milk jugs might foster greater use environmentally desirable alternatives pp fact state legislature concluded nonreturnable nonrefillable milk containers pose environmental hazards decided ban recent entry field thus effect grandfathered paperboard containers least temporarily make ban plastic containers arbitrary irrational cf new orleans dukes pp evidence whether statute help conserve energy least debatable minnesota erred substituting judgment legislature finding contrary legislature production plastic nonrefillable containers required less energy production paper containers pp similarly minnesota erred finding contrary legislature finding based reputable study plastic milk jugs take less space landfills present fewer solid waste disposal problems paperboard containers pp statute violate commerce clause constituting unreasonable burden interstate commerce pp statute discriminate interstate intrastate commerce regulates evenhandedly prohibiting milk retailers selling products plastic containers without regard whether milk containers sellers outside state pp incidental burden imposed interstate commerce statute excessive relation putative local benefits milk products may continue move freely across minnesota border since dairies package products one type container inconvenience conform different packaging requirements minnesota surrounding slight even granting plastics industry burdened relatively heavily minnesota pulpwood industry burden clearly excessive light substantial state interest promoting conservation energy natural resources easing solid waste disposal problems local benefits amply support minnesota decision commerce clause pp brennan delivered opinion burger stewart white marshall blackmun joined powell filed opinion concurring part dissenting part post stevens filed dissenting opinion post rehnquist took part consideration decision case kenneth raschke assistant attorney general minnesota argued cause petitioner briefs warren spannaus attorney general richard allyn chief deputy attorney general douglas blanke special assistant attorney general leonard keyes argued cause respondents brief douglas skor andrea bond harlon dalton argued cause amicus curiae urging reversal brief solicitor general mccree assistant attorney general moorman deputy solicitor general claiborne harriet shapiro jacques gelin anne shields stephen snyder filed brief sierra club amicus curiae urging reversal briefs amici curiae urging affirmance filed lee cook john berghoff stephanie kanwit manufacturers institute et al john cannon legal foundation michael flanagan minnesota dairies federation justice brennan delivered opinion minnesota legislature enacted statute banning retail sale milk plastic nonreturnable nonrefillable containers permitting sale nonreturnable nonrefillable containers paperboard milk cartons laws ch stat respondents contend statute violates equal protection commerce clauses constitution purpose minnesota statute set legislature finds use nonreturnable nonrefillable containers packaging milk milk products presents solid waste management problem state promotes energy waste depletes natural resources legislature therefore furtherance policies stated minnesota statutes section determines use nonreturnable nonrefillable containers packaging milk milk products discouraged use returnable reusable packaging products preferred encouraged laws ch codified stat act introduced support state pollution control agency department natural resources department agriculture consumer services division energy agency debated vigorously houses state legislature proponents legislation argued promote resource conservation ease solid waste disposal problems conserve energy relying results studies information stressed need stop introduction plastic nonreturnable container became entrenched market opponents act also presenting empirical evidence argued act promote goals asserted proponents merely increase costs retail milk products prolong use ecologically undesirable paperboard milk cartons act passed respondents filed suit minnesota district seeking enjoin enforcement conducted extensive evidentiary hearings act probable consequences found evidence sharp conflict app nevertheless finding obliged weigh evaluate evidence resolved evidentiary conflicts favor respondents concluded act succeed effecting legislature published policy goals found contrary statement purpose actual basis act promote economic interests certain segments local dairy pulpwood industries expense economic interests segments dairy industry plastics industry therefore declared act null void unenforceable enjoined enforcement basing judgment substantive due process fourteenth amendment constitution art minnesota constitution equal protection fourteenth amendment prohibition unreasonable burdens interstate commerce art constitution app state appealed minnesota affirmed district federal equal protection due process grounds without reaching commerce clause issues unlike district state found purpose act promote state interests encouraging reuse recycling materials reducing amount type material entering solid waste stream acknowledged legitimacy purpose nevertheless relying district findings fact full record independent review documentary sources state held evidence conclusively demonstrates discrimination plastic nonrefillables rationally related act objectives ibid granted certiorari reverse ii parties agree standard review applicable case equal protection clause familiar rational basis test see vance bradley new orleans dukes moreover agree purposes act cited legislature promoting resource conservation easing solid waste disposal problems conserving energy legitimate state purposes thus controversy case centers narrow issue whether legislative classification plastic nonplastic nonreturnable milk containers rationally related achievement statutory purposes respondents apparently challenged theoretical connection ban plastic nonreturnables purposes articulated legislature instead argued empirical connection two produced impressive supporting evidence trial prove probable consequences ban plastic nonreturnable milk containers deplete natural resources exacerbate solid waste disposal problems waste energy consumers unable purchase milk plastic containers turn paperboard milk cartons allegedly environmentally harmful product required convince courts correctness legislative judgments rather challenging legislative judgment must convince legislative facts classification apparently based reasonably conceived true governmental decisionmaker vance bradley see also lighting missouri henderson thompson although parties challenging legislation equal protection clause may introduce evidence supporting claim irrational carolene products prevail long evident considerations presented legislature may take judicial notice question least debatable evidence legislature reasonably supporting classification litigants may procure invalidation legislation merely tendering evidence legislature mistaken district candidly admitted evidence sharp conflict app resolved conflict favor respondents struck statute minnesota however reverse basis patent violation principles governing rationality analysis equal protection clause rather analyzed statute afresh equal protection clause reached conclusion statute constitutionally invalid state contends analysis impermissibly substituted judgment legislature turn argument state identifies four reasons classification plastic nonplastic nonreturnables rationally related articulated statutory purposes one four substantiates state claim must reverse minnesota sustain act first state argues elimination popular plastic milk jug encourage use environmentally superior containers serious doubt plastic containers consume energy resources require solid waste disposal refillable bottles plastic pouches environmentally superior citing evidence plastic jug popular gallon paperboard carton cumbersome least well regarded package industry state argues ban plastic nonreturnables buy time environmentally preferable alternatives may developed promoted senator spear argued senate debate bill designed prevent beginning another system going difficult stop begins true alternative returnable system terms milk bottles hopefully eventually going able move kind system never going move returnable system long allow another system investment vested interest going involve begin transcript full senate floor discussion may reprinted plaintiffs exhibit minnesota dismissed asserted state interest speculative illusory expressed doubt minnesota legislature pollution control agency take steps promote environmentally sound milk packaging stated evidence paperboard cartons cease used minnesota ibid find state approach fully supportable precedents made clear legislature need strike evils time way semler oregon state board dental examiners legislature may implement program step step adopting regulations partially ameliorate perceived evil deferring complete elimination evil future regulations new orleans dukes see also katzenbach morgan williamson lee optical railway express agency new york equal protection clause deny state minnesota authority ban one type milk container conceded cause environmental problems merely another type already established market permitted continue use whether fact act promote environmentally desirable milk packaging question equal protection clause satisfied conclusion minnesota legislature rationally decided ban plastic nonreturnable milk jugs might foster greater use environmentally desirable alternatives second state argues ban plastic nonreturnable milk containers reduce economic dislocation foreseen movement toward greater use environmentally superior containers state notes plastic nonreturnables recently introduced wide scale minnesota time legislature considering act many minnesota dairies preparing invest large amounts capital plastic container production representative munger chief sponsor bill house representatives explained minnesota dairy market verge making major change essentially paperboard container system system primarily single use throwaway plastic bottles major dairies state ordered equipment manufacture plant plastic milk bottle members house feel ideal time legislation one dairy state firmly established manufacturing marketing throwaway plastic milk bottle transcript debate minnesota house representatives mar reprinted plaintiffs exhibit moreover state explains ban plastic paperboard nonreturnable milk container cause enormous disruption milk industry dairies able package products refillable bottles plastic pouches thus banning plastic container continuing permit paperboard container state able prevent industry becoming reliant new container avoiding severe economic dislocation minnesota directly address justification find supported precedents well new orleans dukes supra upheld city regulation banning pushcart food vendors exempting ban two vendors operated city eight years noting city reasonably decide newer businesses less likely built substantial reliance interests continued operation held city rationally choose initially eliminate vendors recent vintage accord maryland ins case significantly different state legislature concluded nonreturnable nonrefillable milk containers pose environmental hazards decided ban recent entry field fact legislature effect grandfathered paperboard containers least temporarily make act ban plastic nonreturnables arbitrary irrational third state argues act help conserve energy points plastic milk jugs made plastic resin oil natural gas derivative whereas paperboard milk cartons primarily composed pulpwood renewable resource point stressed act proponents legislature senator luther commented energy crisis minnesota know like go without looking total blatant waste petroleum natural gas transcript full senate floor discussion may reprinted plaintiffs exhibit representative munger said similar vein sweep plastic throwaway bottle gallon size container alone use enough additional natural gas petroleum heat homes year minnesota compared refillable system compared present paperboard system plastic containers made resource paperboard made minnesota forest products transcript debate minnesota house representatives mar reprinted plaintiffs exhibit minnesota may correct act sensible means conserving energy reiterate legislatures courts decide wisdom utility legislation ferguson skrupa since view evidence legislature question clearly least debatable carolene products minnesota erred substituting judgment legislature fourth state argues act ease state solid waste disposal problem solid consumer wastes minnesota disposed landfills reputable study minnesota legislature indicated plastic milk jugs occupy greater volume landfills nonreturnable milk containers one legislature major concerns example introducing bill house representatives representative munger asked rhetorically need legislation part answer query plastic containers increase problems solid waste state transcript debate minnesota house representatives mar reprinted plaintiffs exhibit minnesota found plastic milk jugs fact take less space landfills present fewer solid waste disposal problems paperboard containers ruling point must rejected reason rejected ruling concerning energy conservation function courts substitute evaluation legislative facts legislature therefore conclude ban plastic nonreturnable milk containers bears rational relation state objectives must sustained equal protection clause iii district also held minnesota statute unconstitutional commerce clause imposes unreasonable burden interstate commerce agree legislating areas legitimate local concern environmental protection resource conservation nonetheless limited commerce clause see lewis bt investment managers hunt washington apple advertising southern pacific arizona ex rel sullivan state law purporting promote environmental purposes reality simple economic protectionism applied virtually per se rule invalidity philadelphia new jersey even statute regulates evenhandedly imposes incidental burdens interstate commerce courts must nevertheless strike burden imposed commerce clearly excessive relation putative local benefits pike bruce church moreover extent burden tolerated course depend nature local interest involved whether promoted well lesser impact interstate activities ibid minnesota statute effect simple protectionism regulates evenhandedly prohibiting milk retailers selling products plastic nonreturnable milk containers without regard whether milk containers sellers outside state statute therefore unlike statutes discriminating interstate commerce consistently struck lewis bt investment managers supra florida statutory scheme prohibiting investment advisory services bank holding companies principal offices state hughes oklahoma oklahoma statute prohibiting export natural minnows state philadelphia new jersey supra new jersey statute prohibiting importation solid liquid wastes state hunt washington apple advertising supra north carolina statute imposing additional costs washington north carolina apple shippers since statute discriminate interstate intrastate commerce controlling question whether incidental burden imposed interstate commerce minnesota act clearly excessive relation putative local benefits pike bruce church supra conclude burden imposed interstate commerce statute relatively minor milk products may continue move freely across minnesota border since dairies package products one type containers inconvenience conform different packaging requirements minnesota surrounding slight see pacific box basket white within minnesota business presumably shift manufacturers plastic nonreturnable containers producers paperboard cartons refillable bottles plastic pouches reason suspect gainers minnesota firms losers firms indeed two three dairies sole milk retailer sole milk container producer challenging statute litigation minnesota firms pulpwood producers minnesota industry likely benefit significantly act expense firms respondents point plastic resin raw material used making plastic nonreturnable milk jugs produced entirely firms pulpwood used making paperboard major minnesota product nevertheless clear respondents exaggerate degree burden interests plastics continue used production plastic pouches plastic returnable bottles paperboard pulpwood producers presumably absorb business generated act even granting plastics industry burdened relatively heavily minnesota pulpwood industry find burden clearly excessive light substantial state interest promoting conservation energy natural resources easing solid waste disposal problems already reviewed context equal protection analysis see supra find local benefits ample support minnesota decision commerce clause moreover find approach lesser impact interstate activities pike bruce church supra available respondents suggested several alternative statutory schemes alternatives either burdensome commerce act example banning nonreturnables less likely effective example providing incentives recycling see brief respondents exxon governor maryland upheld maryland statute barring producers refiners petroleum products businesses retailing gasoline state stressed commerce clause protects interstate market particular interstate firms prohibitive burdensome regulations nondiscriminatory regulation serving substantial state purposes invalid simply causes business shift predominantly industry predominantly industry burden interstate commerce clearly outweighs state legitimate purposes regulation violate commerce clause judgment minnesota reversed footnotes minnesota stat provides relevant part statement policy legislature seeks encourage reduction amount type material entering solid waste stream reuse recycling materials solid waste represents discarded materials energy resources also represents economic burden people state recycling solid waste materials one alternative conservation material energy resources also public interest reduce amount materials requiring recycling disposal minnesota apparently first state regulate milk containers transcript debate minnesota house representatives mar reprinted plaintiffs exhibit principal empirical study cited legislative debate see transcript full senate floor discussion may reprinted plaintiffs exhibit statement luther midwest research institute resource environmental profile analysis five milk container systems admitted evidence plaintiffs exhibit justice stevens dissenting opinion argues minnesota reviewing challenge minnesota statute equal protection grounds bound limits applicable federal courts may independently reach conclusions contrary legislature concerning legislative facts bearing wisdom utility legislation argument though novel without merit state may course apply stringent standard review matter state law state equivalent equal protection due process clauses baker city fairbanks alaska serrano priest cal cert denied state kaluna haw see brennan state constitutions protection individual rights harv rev dissent correctly notes post free allocate lawmaking function whatever branch state government may choose uphaus wyman sweezy new hampshire frankfurter concurring result dreyer illinois state reviews state legislation challenged violative fourteenth amendment free impose greater restrictions matter federal constitutional law imposed oregon hass standard review equal protection rationality analysis without regard branch state government made legislative judgment governed federal constitutional law state application standard fully reviewable writ certiorari justice stevens concedes flaw argument admits state decision invalidating state legislation federal constitutional grounds may reversed state misinterpreted relevant federal constitutional standard post contrary argument today judgment finds precedent decisions post frequently reversed state decisions invalidating state statutes local ordinances basis equal protection analysis stringent sanctioned idaho dept employment smith arlington county board richards richardson ramirez lehnhausen lake shore auto parts see also north dakota pharmacy board snyder drug stores dean gadsen times publishing mcdaniel barresi never suggested review judgments cases differs relevant respect reached state courts rather federal courts indeed justice stevens changed view previously stated decisions fourteenth amendment granting litigants protection federal constitution requires error idaho dept employment smith supra stevens dissenting part agreement conclusion one commentator reviewing state resolutions federal constitutional issues differentiated decisions sustain reject claims federal constitutional right instances granted review simply determined whether state federal constitutional decision correct meaning context whether decision independently reach sager fair measure legal status underenforced constitutional norms harv rev omitted respondents citing district finding fact app also assert actual purpose act illegitimate isolate interstate competition interests certain segments local dairy pulpwood industries brief respondents accept contrary holding minnesota articulated purpose act actual purpose see equal protection analysis assume objectives articulated legislature actual purposes statute unless examination circumstances forces us conclude goal legislation see weinberger wiesenfeld review legislative history supports minnesota conclusion principal purposes act promote conservation ease solid waste disposal problems contrary evidence cited respondents see brief respondents easily understood context economic defense act genuinely proposed environmental reasons invalidate state statute equal protection clause merely legislators sought obtain votes measure basis beneficial side effects state industry express view whether district dismissed case pleadings granted summary judgment state basis legislative history without hearing respondents evidence see vance bradley bayside fish flour gentry see supra adopted higher two possible measurements energy consumption paperboard production apparently lower figure contemplated use waste products sawdust energy production addition substituted lower measurement energy consumption plastic nonreturnable production used study conclusion midwest research institute study see supra brief petitioner district also held act violated substantive due process apparently affirmed state ground conclusion law app conclusion equal protection however follows fortiori act violate fourteenth amendment due process clause see exxon governor maryland ferguson skrupa congress shall power regulate commerce among several art cl minnesota reach commerce clause issue parties amici fully briefed argued question obvious factual connection rationality analysis equal protection clause balancing interests commerce clause reach decide question see new york city transit authority beazer may find state law constitutes economic protectionism proof either discriminatory effect see philadelphia new jersey discriminatory purpose see hunt washington apple advertising respondents advance discriminatory purpose argument relying finding district act actual basis promote economic interests certain segments local dairy pulpwood industries expense economic interests segments dairy industry plastics industry app already considered rejected argument equal protection context see supra context well respondent wells dairy iowa firm sells milk plastic nonreturnable containers remainder types packages including paperboard cartons tr chairman board respondent marigold foods minnesota dairy admitted trial firm continue sell milk plastic nonreturnable containers despite passage act see supra existence major interests adversely affected act powerful safeguard legislative abuse south carolina state highway dept barnwell justice powell concurring part dissenting part minnesota statute issue bans retail sale milk plastic nonreturnable nonrefillable containers permits sale paperboard milk cartons respondents challenged validity statute equal protection commerce clauses minnesota district agreed respondents grounds minnesota also agreed statute violated equal protection clause found unnecessary reach commerce clause issue today reverses minnesota finding merit either alleged grounds invalidity concur view statute survives equal protection challenge therefore join judgment reversal ground also agree parts ii opinion however reach commerce clause issue remand consideration minnesota district expressly found despite purported policy statement published legislature basis enacting chapter actual basis promote economic interests certain segments local dairy pulpwood industries expense economic interests segments dairy industry plastics industry app pet cert minnesota accept avowed legislative purpose statute stated act intended promote policies stated therefore intended promote state interests encouraging reuse recycling materials reducing amount type material entering solid waste stream today reads statement implied rejection trial specific finding actual purpose promote economic interests certain segments local dairy pulpwood industries expense economic interests nonresident dairy plastics industry view however minnesota merely assuming statute intended promote stated purposes entirely appropriate accept purposes equal protection analysis purpose expressed statute see ante however reason conclude intended express imply view issue consider drawing conclusions included discussion whatever commerce clause issue certainly rejection trial express repeated findings concerning legislature actual purpose conclude therefore basis inferring rejection quite specific factfindings trial decision today holding chapter violate commerce clause flatly contrary relevant specific findings fact although barred reaching commerce clause issue also act without benefit decision highest minnesota question circumstances unnecessary opinion inappropriate decide commerce clause issue see ftc ballard reason offered departure customary restraint remand case instructions consider specifically whether statute discriminated impermissibly interstate commerce finding district follows despite purported policy reasons published legislature bases enacting chapter actual bases isolate interstate competition interests certain segments local dairy pulpwood industries economic welfare local interests promoted without remedies prescribed chapter app pet cert emphasis added commerce clause analysis differs analysis rational basis test commerce clause empowered disregard legislature statement purpose considers pretext see dean milk madison different view ordinance valid simply professes health measure mean commerce clause imposes limitations state action laid due process clause save rare instance state artlessly discloses avowed purpose discriminate interstate goods justice stevens dissenting case seems nothing apply equal protection commerce clause principles particular state statute reality reversal minnesota based upon newly discovered principle federal constitutional law according principle applied explained majority federal constitution defines relationship congress federal courts also relationship state legislatures state courts find support novel constitutional doctrine either language federal constitution prior decisions respectfully dissent keystone equal protection analysis pronouncement function courts substitute evaluation legislative facts legislature ante pronouncement concerned function federal courts amply supported reason precedent federal tribunals courts limited jurisdiction whose powers confined federal constitution statute decisions surprising therefore pronouncement supported citation precedents dealing function federal may properly perform reviewing constitutionality law enacted congress state legislature source indeed one power make majestic announcement function state substitute evaluation legislative facts state legislature thought allocation functions within structure state government matter state determine know nothing federal constitution prohibits state giving lawmaking power courts anything federal constitution prevents state reviewing factual determinations made state legislature state agency state statute expressly authorized state tribunal sit council revision full power modify amend work product legislature statute violate federal rule aware functions state shall perform within structure state government unquestionably matters state law one propositions respected unqualified consistency today rule federal bound respect interpretation state law announced highest judicial tribunal state case minnesota held state trial acted properly reviewed factual basis state legislation implicitly minnesota also held review legislative record proper moreover also determined matter state law properly resolve conflicts evidence presented state legislature supplemented additional evidence presented trial case opinion factual conclusions drawn minnesota courts concerning deliberations minnesota legislature entitled much deference drafted state legislature incorporated preamble state statute state minnesota told us unambiguous language statute rationally related environmental objective seems matter indifference purposes applying federal equal protection clause whether message us state minnesota conveyed state state legislature find extraordinary federal tribunal feels free conduct de novo review state legislative record search rational basis highest state expressly rejected precedent decisions federal oversight state lawmaking process course federal trial reviewed factual basis state law conflicts evidence resolved favor state state conducted review business disagree state tribunal evaluation state lawmaking process even state tell us state statute meaning believe state legislature plainly intend free take view matter recognized may review question state law presented minnesota courts decision evidence presented legislature result must reach case apparent factual conclusions drawn minnesota courts clearly supported record federal issue case presents whether discriminatory statute admittedly irrational violates equal protection clause fourteenth amendment implicitly acknowledges minnesota applied proper rule federal law answered question whatever may think environmental consequences discriminatory law follows inexorably duty federal judges affirm judgment minnesota ii light conclusion minnesota equal protection decision must affirmed need address commerce clause question resolved majority ante nonetheless believe majority treatment question compels two observations first opinion errs undertaking decide commerce clause question state trial addressed question found statute designed minnesota legislature promote economic interests local dairy pulpwood industries expense competing economic groups appeal minnesota expressly declined consider aspect trial decision accordingly made comment upon merits commerce clause question generally reviewing decisions decide questions highest state properly declined address majority offers persuasive explanation unusual action case absence substantial justification action deprive minnesota first opportunity review aspect decision minnesota trial second commerce clause analysis suffers flaw equal protection analysis rejects findings minnesota trial clearly erroneous view minnesota courts authorized exercise broad power review minnesota legislature see ante rejecting trial findings goes find burden minnesota statute may impose upon interstate commerce excessive light substantial state interests furthered statute ante however minnesota expressly found statute rationally related substantial state interests identified majority believe explained part supra intrusion upon lawmaking process state minnesota without constitutional sanction precedential support clear findings minnesota must respected accordingly essential predicate majority conclusion local benefits ample support minnesota decision commerce clause ante absent iii majority properly observes state applying provisions federal constitution may apply constitutional standard stringent announced relevant decisions see ante follows observation state decision invalidating state legislation federal constitutional grounds may reversed state misinterpreted relevant federal constitutional standard case however minnesota applied correct federal equal protection standard properly declined consider commerce clause majority reverses decision disagrees minnesota courts perception role state lawmaking process error application federal law opinion action beyond authority therefore respectfully dissent see also ante required convince courts correctness legislative judgments litigants may procure invalidation legislation merely tendering evidence legislature mistaken majority cites vance bradley ferguson skrupa lighting missouri carolene products henderson thompson support conclusion function minnesota courts facts considered minnesota legislature see ante however even cursory examination cases reveals provide support decision case four cited cases reviewed actions lower federal state courts cases thus shed light upon role state properly may play reviewing actions state legislature vance bradley carolene products federal district courts invalidated federal statutes federal constitutional grounds cases reversed district courts exceeded scope powers factual bases congressional enactments see vance supra carolene products supra ferguson skrupa federal district invalidated kansas statute federal constitutional grounds reversed finding district exceeded constitutional limitations substituting judgment kansas legislature see also indicated ferguson power supervise actions state legislatures narrowly circumscribed finally henderson thompson federal district sustained texas statute face constitutional challenge affirming decision simply observed needs conservation determined legislature one cases cited majority review judgment lighting missouri missouri statute challenged due process equal protection contract clause theories missouri upheld statute affirmed course opinion stated free legislative judgment act superlegislature comment upon extent missouri authority supervise activities missouri legislature nothing lighting opinion construed source newly found power determine lawmaking powers may allocated courts legislatures responding argument lawmaking power virginia legislature improperly assigned another arm state government justice cardozo writing highland farms dairy agnew stated constitution circumstances exhibited voice upon subject statute challenged invalid one adopted state removes objections might worthy consideration dealing act congress power shall distributed state among governmental organs commonly always question state nothing distribution attempted supplies basis exception statute denial republican form government constitution art iv even enforcement guarantee according settled doctrine congress courts pacific telephone oregon davis hildebrant ohio ex rel bryant akron park district cases panama refining ryan schechter poultry cited appellants quite beside point controversy distribution power president congress congress administrative officers commissions controversy affecting structure national government established provisions national constitution far objection delegation founded constitution virginia answered decision highest state reynolds milk commission appeals passed upon validity statute question judgment highest state meaning effect constitution decisive controlling everywhere see also dreyer illinois sweezy new hampshire frankfurter concurring result ferguson skrupa supra indicated federal constitution prevent federal courts reviewing factual determinations made state legislature rejecting substantive due process cases earlier era stated system government created constitution legislatures courts decide wisdom utility legislation returned original constitutional proposition courts substitute social economic beliefs judgment legislative bodies elected pass laws legislative bodies broad scope experiment economic problems sit subject state intolerable supervision hostile basic principles government wholly beyond protection general clause fourteenth amendment intended secure omitted although proposition well established require citation authority abundant authority readily available see north carolina butler ward illinois eastlake forest city enterprises hortonville joint school district hortonville education mullaney wilbur memorial hospital maricopa county wardius oregon groppi wisconsin memorandum case state trial initially observed free substitute judgment legislature wisdom desirability act app respect facts considered legislature however trial found obliged weigh evaluate evidence much sharp conflict opinion affirming trial decision minnesota took similar view function performed minnesota courts reviewing minnesota legislation aware deference accorded legislature present type statute analyzed equal protection grounds nevertheless inquiry constitutional propriety present classification separating paper containers plastic nonrefillables dependent upon facts based upon relevant findings fact trial supported record upon independent review documentary sources believe evidence conclusively demonstrates discrimination plastic nonrefillables rationally related act objectives ante takes issue suggestion action case unprecedented citing four cases reversed state decisions invalidating provisions state law federal equal protection grounds see idaho dept employment smith per curiam arlington county board richards per curiam richardson ramirez lehnhausen lake shore auto parts cases however concluded state applied incorrect legal standard none reassess factual predicate decision idaho dept employment idaho invalidated statutory classification generally failed legitimate state goals rather found classification imperfect since members class denied unemployment benefits fact available employment members class entitled benefits idaho statute see smith department employment idaho citing kerr department employment idaho disagree idaho finding classification imperfect merely held imperfection legally insufficient invalidate statute equal protection clause arlington county board richards virginia recognized test appropriate equal protection standard proceeded apply stringent standard municipal ordinance issue expressly noted municipal ordinance may relieve parking problems directed however concluded means employed county deal problems classification based upon residency created unconstitutional invidious discrimination see arlington county board richards reversed rejecting conclusion ordinance residency classification resulted invidious discrimination richardson ramirez voting rights case california reversed factual determinations california legislature found statutory discrimination issue expressly authorized fourteenth amendment finally lake shore auto parts lehnhausen illinois held essence classification used determining liability property tax must constitutional matter based upon nature property issue upon corporate noncorporate character property owner see lake shore auto parts korzen rejected principle finding inconsistent prior decisions clearly establishing distinctions individuals corporations tax legislation violated constitutional rights majority observes cases reversed decisions state courts applied equal protection standard stringent sanctioned quite frankly opinion sound judicial policy four cases allow state courts accord even greater protection within respective jurisdictions federal constitution commands see dissent idaho dept employment supra especially relevant fact none cases state courts found full evidentiary hearing factual predicate state law issue simply true minnesota courts case made finding development extensive record minnesota courts applied correct federal legal standard facts revealed record concluded statutory classification rationally related legitimate state purpose read cases cited majority simply inapposite case research uncovered instance reversed decision highest state case state exceeded federal constitutional limitation upon power review factual determinations state legislature never knowledge undertaken define matter federal law appropriate relationship state state legislature cases indicated courts may substitute judgment legislature reviewing decisions lower federal courts see new orleans dukes per curiam hughes alexandria scrap maryland ins per curiam firemen chicago williamson lee optical secretary agriculture central roig refining daniel family insurance clark paul gray south carolina state highway dept barnwell bayside fish flour gentry borden farm products ten eyck sproles binford standard oil marysville hebe shaw instances reviewing decisions statements respect limited role judiciary reviewing state legislation clearly concerned authority act superlegislature authority state permitted state law see exxon governor maryland railway express agency new york olsen nebraska zahn board public works cusack chicago hadacheck los angeles price illinois laurel hill cemetery san francisco defer interpretation state law announced highest state even reasonable interpretation apparent see skinner contrary construction might save state statute constitutional invalidity see landmark communications virginia appears state attributed unusually inflexible command legislature see kingsley pictures regents majority notes evidence considered minnesota courts conflicting ante respondents produced impressive supporting evidence trial indicating decision minnesota legislature factually unsound ante light record clearly reverse concurrent factual findings two state courts moreover since significant difference plastic containers paper containers terms environmental impact since one contends minnesota statute reduce consumption dairy products difficult understand state judges skeptical scrutiny legislative ban use one kind container without imposing present future restriction whatsoever use true carefully avoids express acknowledgment minnesota applied correct legal standard one word opinion however suggests disagreement state understanding proper federal rule trial made following findings fact despite purported policy statement published legislature basis enacting chapter actual basis promote economic interests certain segments local dairy pulpwood industries expense economic interests segments dairy industry plastics industry despite purported policy reasons published legislature bases enacting chapter actual bases isolate interstate competition interests certain segments local dairy pulpwood industries economic welfare local interests promoted without remedies prescribed chapter app relevant legislative history chapter support sic conclusion real basis serve certain economic interests paper pulpwood dairies expense competing economic groups plastic certain dairies prohibiting plastic milk bottle according majority decision address commerce clause question justified obvious factual connection rationality analysis equal protection clause balancing interests commerce clause ante majority cites new york city transit authority beazer support rationale justification inadequate opinion two reasons first light trial factual finding minnesota legislature enacted statute protectionist rather environmental reasons see supra equal protection clause commerce clause inquiries necessarily similar suggests majority acknowledges state law purports promote environmental goals actually protectionist design virtually automatic rule invalidity test applied see ante see also new orleans dukes second beazer reviewed decision lower federal state discretion may elect deprive lower federal courts opportunity decide particular statutory questions seems respect minnesota highest sovereign state dictates casually divest authority decide constitutional question properly declined comment case first deference especially appropriate analysis commerce clause issue requires rejection state trial findings fact noted part supra rejects minnesota findings without support record clearly adequately supported see supra feels minnesota without authority anything endorse factual conclusions minnesota legislature