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BRAUNFELD v. BROWN

No. 67.

366 U.S. 599 (1961)

BRAUNFELD ET AL. v. BROWN, COMMISSIONER OF POLICE OF PHILADELPHIA, ET AL.

Supreme Court of United States.

Decided May 29, 1961.

Attorney(s) appearing for the Case

Theodore R. Mann argued the cause for appellants. With him on the brief were Marvin Garfinkel and Stephen B. Narin.

David Berger argued the cause and filed a brief for appellees.

Arthur Littleton, Benjamin M. Quigg, Jr. and Russell C. Dilks filed a brief for the Pennsylvania Retailers' Association, intervening defendant-appellee.

Briefs of amici curiae, urging affirmance, were filed by S. G. Lippman for the Retail Clerks International Association, AFL-CIO, and George C. Warner for the National Retail Merchants Association.

Leo Pfeffer, Lewis H. Weinstein, Shad Polier and Samuel Lawrence Brennglass filed a brief for the Synagogue Council of America et al., as amici curiae, urging reversal.

MR. CHIEF JUSTICE WARREN announced the judgment of the Court and an opinion in which MR. JUSTICE BLACK, MR. JUSTICE CLARK, and MR. JUSTICE WHITTAKER concur.

This case concerns the constitutional validity of the application to appellants of the Pennsylvania criminal statute,1 enacted in 1959, which proscribes the Sunday retail sale of certain enumerated commodities. Among the questions presented are whether the statute is a law

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