Legal Opinion · Dissent
Maryland Board of Pharmacy v. Sav-A-Lot, Inc.
Court of Appeals of Maryland
Decided October 31, 1973No. [No. 2, September Term, 1973.]Published
1DissentSmith, J.
I am of the opinion that the statute is a valid exercise of the police power. Therefore, I would reverse.
As noted in the majority opinion, cases are legion in Maryland holding that the wisdom or expediency of a law adopted in the exercise of the police power of the State is not subject to judicial review. Such statutes will not be held void if there are any considerations relating to the public welfare by which they can be supported. Therefore, the statute carries with it a strong presumption of constitutionality.
The test has been expressed for the Court in a number of different ways, all…
2Cases cited26 opinions
- Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
- Nebbia v. New YorkSupreme Court of the United States · 1934
- Munn v. IllinoisSupreme Court of the United States · 1877
- West Coast Hotel Co. v. ParrishSupreme Court of the United States · 1937
- Semler v. Oregon State Board of Dental ExaminersSupreme Court of the United States · 1935
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