Brannan, Secretary of Agriculture, v. Stark et al. (342 U.S. 451)
U.S. Supreme Court · decided March 3, 1952 · Supreme Court Database (Spaeth)
- Citation
- 342 U.S. 451 · 72 S. Ct. 433
- Decided
- March 3, 1952
- Term
- October Term 1951
- Vote
- 4–3
- Majority author
- Justice Clark
- Issue area
- Judicial Power
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
Mr. Justice Clark delivered the opinion of the Court. This action by dairy farmers, nonmembers of cooperative, associations, concerns 1941 amendments to an order, of the Secretary of Agriculture dealing with the marketing of milk in the Boston area. It was previously here as Stark v. Wickard, 321 U. S. 288 (1944), where it was held that the respondents had such an interest in the Order as to give them legal standing to object to those of its provisions here under attack. Upon remand the provisions were held invalid by the District Court, 82 F. Supp. 614, and that decision, was affirmed in the Court of Appeals for the District of Columbia Circuit. 87 U. S. App. D. C. 388, 185 F. 2d 871. We granted certiorari. 341 U. S. 908. The question now presented is whether those amendments to the Order which provide for certain payments to cooperative associations are within the authority granted the Secretary by the Agricultural Marketing Agreement Act of 1937. The respondents seek to enjoin the enforcement of the provisions in question. The purpose of the Act and the nature of the Secretary’s Order No. 4 thereunder are set out in some detail in Stark v. Wickard, supra, at 291-302. It is here sufficient to note thq following aspects of Order No. 4, as amended: In the Order, issued pursuant to the Act, the Secretary divided all milk marketed in the Greater Bos: ton area into Class I,…
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