Fact #13
June 3, 2026The Famous Footnote 4 that would protect against Discrimination
In United States v. Carolene Products Co. (1938), the ruling laid the groundwork for a hidden footnote that would spell out modern civil rights protections. While the main ruling concerned dairy milk marketing, it also established a new standard for courts to consider. In the late 30’s, Justice Stone wanted courts to stop interfering with basic economic laws, so he added a hidden Footnote 4 to tell judges not to be so hands-off. Courts must apply a more exacting judicial scrutiny if a law discriminates against certain rights.
Mini Facts
1
Appears to violate the Bill of Rights.
2
Restricts political processes, such as voting, that citizens use to repeal bad laws.
3
If the law discriminates against minorities who lack the political power to defend themselves through regular voting, then strict scrutiny applies.