Kennington v. Palmer
Headline: Clothing dealers’ challenge to federal price-control law is allowed to proceed as Court reverses dismissal and remands, letting merchants seek a court order to block enforcement of Section 4 of the Lever Act.
Holding: The Court reversed the lower court’s dismissal and remanded, ruling that clothing dealers may seek an injunction to stop enforcement of Section 4 of the Lever Act because their constitutional claims could justify equitable relief.
- Reverses dismissal so merchants can continue seeking an injunction against enforcement.
- Sends the case back for further court proceedings consistent with this opinion.
Summary
Background
A group of clothing dealers in Jackson, Mississippi, sued the State Attorney General and his subordinates to stop enforcement of Section 4 of the Lever Act. They asked a court to block enforcement, saying parts of that federal law were unconstitutional. The lower court refused to grant that relief, saying the dealers had an adequate legal remedy and dismissed their bill.
Reasoning
The main question was whether the lower court was right to dismiss the dealers’ request for a court order stopping enforcement. This Court found the lower court was wrong. Relying on the Court’s decision in the Cohen Grocery case, the opinion explains that the dealers’ allegations of unconstitutionality, if true, would justify equitable relief. Because the Cohen decision settled that those constitutional claims were well founded, the Court held the dismissal should not have happened.
Real world impact
The Court reversed the lower court’s dismissal and sent the case back for further proceedings in line with this opinion. That means the dealers can continue to seek a court order to stop enforcement of Section 4 and present their constitutional arguments. The opinion sends the dispute back to the lower court to handle the next steps consistent with this ruling.
Dissents or concurrances
Two Justices (Pitney and Brandeis) joined the result, and one Justice (Day) did not take part. The concurring Justices agreed with the outcome of reversing and remanding.
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