US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ |™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for


Subscribe to Cases that cite 414 U. S. 156 RSS feed for this section

U.S. Supreme Court

Board of Pharmacy v. Snyder's Drug Stores, 414 U.S. 156 (1973)

North Dakota Board of Pharmacy v. Snyder's Drug Stores, Inc.,

No. 72-1176

Argued November 6, 1973

Decided December 5, 1973

414 U.S. 156


The North Dakota Supreme Court, relying on Liggett Co. v. Baldridge, 278 U. S. 105, held unconstitutional a state statute under which respondent had been denied a pharmacy operating permit, requiring that an applicant for such a permit be "a registered pharmacist in good standing" or

"a corporation or association, the majority stock in which is owned by registered pharmacists in good standing, actively and regularly employed in and responsible for the management, supervision, and operation of such pharmacy."

The court remanded the case so that petitioner Board could conduct an administrative hearing "sans the constitutional issue," on respondent's alleged failure to meet certain structural and safety standards on which petitioner had also rested its permit denial.


1. This Court does not lack jurisdiction to review the State Supreme Court's judgment, which is "final" within the meaning of 28 U.S.C. § 1257, for it is not apparent how petitioner Board would be able to preserve the constitutional issue now ready for adjudication without defying the State Supreme Court. Pp. 414 U. S. 159-164.

2. The North Dakota statutory requirements for permitting the operation of a pharmacy do not violate the Due Process Clause of the Fourteenth Amendment. In enacting the challenged legislation, the State was well within its authority "to legislate against what [it] found to be injurious practices in [its] internal commercial and business affairs," Lincoln Union v. Northwestern Co., 335 U. S. 525, 335 U. S. 536, and this Court will not substitute its own judgment for what the State feels is reasonably necessary to protect the interests of the public. Liggett Co. v. Baldridge, supra, overruled. Pp. 414 U. S. 164-167.

202 N.W.2d 140, reversed and remanded.

DOUGLAS, J., delivered the opinion for a unanimous Court. chanroblesvirtualawlibrary

Page 414 U. S. 157

ChanRobles™ LawTube

google search for Search for

Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



Browse By ->> Volume


Browse By ->> Year


  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library |™