The Lincoln Plawg - the blog with footnotes

Politics and law from a British perspective (hence Politics LAW BloG): ''People who like this sort of thing...'' as the Great Man said

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Tuesday, July 05, 2005
 

An odd piece of branding


[Literally nauseating, so don't overthink!]

With the retirement of Odious O'Connor in mind, I've been mooching around SCOTUS materials, in particular, the infamous Footnote Four of the Carolene Products case.

I'm particularly peeved by the element of the footnote that refers to
legislation which restricts those political processes which can ordinarily be expected to bring about repeal of undesirable legislation

Undesirable according to whom?

What about the Costigan-Wagner antilynching bill that Justice Hugo Black voted against [1] in his capacity as US Senator?

I'm betting Black's Ku Klux Klan kolleagues way down in Alabama would have expected nothing less. But how unwilling was that vote?

Anyhoo - and here's the (physically) nauseating bit - the subject matter of Carolene Products was the Filled Milk Act of 1923, which prohibited the sale of milk adulterated with non-dairy fat. Like coconut oil, say.

The opinion cites the earlier case of the Hebe Company. It seems that Hebe was the trade name of a similar concoction that fell foul (foul indeed!) of an Ohio law.

The stuff was bad enough - but what of the name? How come it escaped the eagle eyes of the good people at the ADL (formed in 1913, in good time to get on the case)?

No doubt, sensibilities were much duller then than today - as witness the hullaballo over those Mexican stamps (yesterday). (A site with many examples of Negro caricatures of the Jim Crow era - no equivalent for Jewish caricatures, that I'm aware of.)

And - this is the intended meaning, I'm sure - the word also reads as Hebe, Greek goddess of youth.

(There are a handful of Hebe trademarks registered in the US - mostly for some health spa operation, I gather.)

  1. The vote on April 26 1935 on a motion to adjourn during the debate on the bill.


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