University of the State of New York

University of the State of New York chartered 1784. It consists of all secondary and higher educational institutions incorporated in the state and other institutions, organizations, and agencies for education. The university is empowered to promote and investigate education in the state; to charter, register, and inspect educational institutions; to license certain professional practitioners; to certify teachers and librarians; and to apportion state financial assistance to public educational institutions. It is governed by a board of regents, which consists of 15 members elected by the state legislature; the board administers the State Regents Examinations, which are given to high school students throughout the state.

New York State Club Association v. City of New York, 487 U.S. 1 (1988), argued 23 Feb. 1988, decided 20 June 1988 by vote of 9 to 0; White for the Court, O'Connor, joined by Kennedy and Scalia, concurring. Following the Supreme Court's decision in *Roberts v. U.S. Jaycees (1984), New York's city council sought to define clubs that were “not strictly private” and thus subject to the city's human rights law. A club with at least four hundred members that regularly served meals and regularly received “payment for dues, fees, use of space, facilities, services, meals or beverages directly or indirectly from or on behalf of nonmembers for the furtherance of trade or business” was covered and thus prohibited from discriminating on account of race or sex. Benevolent orders and religious corporations were excluded.

The New York State Club Association challenged the law on its face as an unconstitutional restriction on the First Amendment rights of intimate and expressive association of its members and also on equal protection grounds (see Assembly and Association, Citizenship, Freedom of). A unanimous Court rejected this claim, ruling that the private associational rights of each and every club member would not be infringed by the law because many, if not all, had public characteristics. The Court noted that the clubs could still exclude members on the ground of nonshared views but simply could not exclude them on the basis of race or sex. The exemption for benevolent orders and religious corporations was not an equal protection violation because they uniquely exist for the benefit of their members and are not open to commercial activity.

As a result of this decision, many “males only” clubs across the country decided to admit women; these included the Cosmos Club in Washington, D.C., which counted among its members Justices Harry Blackmun and Antonin Scalia.

See also Gender.

Inez Smith Reid

Nebbia v. New York, 291 U.S. 502 (1934), argued 4–5 Dec. 1933, decided 5 Mar. 1934 by vote of 5 to 4; Roberts for the Court, McReynolds, Butler, Sutherland, and Van Devanter in dissent. Nebbia involved emergency legislation passed by New York State to ease some of the economic hardships brought on by the Great Depression. Leo Nebbia, a grocer in Rochester, New York, violated the Milk Control Act of 1933 by selling a quart of milk for less than the price of nine cents a quart set by the state Milk Control Board. On appeal to the Supreme Court, Nebbia's conviction was sustained and the New York law was ruled constitutional.

In the majority opinion, Justice Owen Roberts abandoned the “affected with public interest” doctrine that the Court had adhered to since the late nineteenth century and concluded that a state “may regulate a business in any of its aspects, including the prices to be charged for the products or commodities it sells.” He added that “a state is free to adopt whatever economic policy may reasonably be deemed to promote public welfare, and to enforce that policy by legislation adapted to its purpose” (pp. 502, 537).

In dissent, Justice James McReynolds voiced the slippery substantive due process argument, maintaining that the Due Process Clause of the Fourteenth Amendment gave the justices license to sustain economic legislation they found reasonable and strike down laws they believed to be unreasonable.

John W. Johnson