Katzenbach v. McClung

The McClungs (plaintiffs) owned Ollie's Barbecue in Birmingham, Alabama and refused to serve Black customers in their dining room, even though roughly half the food the restaurant served moved through interstate commerce. After Congress passed Title II of the Civil Rights Act banning discrimination by places of public accommodation, the McClungs sued Katzenbach (defendant), the federal official enforcing the Act, seeking to block its enforcement against them. A three-judge district court panel agreed and enjoined enforcement, finding Congress lacked Commerce Clause authority to reach a local restaurant. The government appealed directly to the Supreme Court, which decided the case together with Heart of Atlanta Motel, Inc. v. United States.