Yakus v. United States

PETITIONER: Albert Yakus
RESPONDENT: United States
LOCATION: United States District Court for the District of Massachusetts

DECIDED BY: Stone Court (1943-1945)

GRANTED: Nov 08, 1943
ARGUED: Jan 07, 1944
DECIDED: Mar 27, 1944

Charles Fahy - Solicitor General, for the respondent
Joseph Kruger - for the petitioner, 374
Leonard Poretsky - for the petitioners, 374 and 375
William H. Lewis - for the petitioners, 375

Facts of the case

In 1942, Congress enacted the Emergency Price Control Act to control commodity prices and prevent inflation during wartime. This case is the consolidation of two cases in which the defendants were tried and convicted in district court on several counts of selling wholesale cuts of beef at prices above the maximum prices set by the Revised Maximum Price Regulation under the Act. During the trial, the district court overruled all motions regarding the validity of the Regulation and the Act, including questions of whether the Act deprived the defendants of their Fifth Amendment rights to due process. The U.S. Court of Appeals for the First Circuit affirmed the convictions.


(1) Does the Emergency Price Act of 1942 represent an unconstitutional delegation of power from the legislative branch?

(2) Do the regulations provide adequate opportunity for review to meet the demands of due process?