In the 1907 case of Pierce v. Creecy, Chief of Police of the City of St. Louis, the U.S Supreme Court dealt with a dispute over an ordinance that prohibited operating billiard halls without a license in St. Louis city limits. The plaintiff, Pierce, argued that this law was unconstitutional as it violated his rights to equal protection under the Fourteenth Amendment by discriminating against him based on his occupation and location within city limits. However, the court ruled in favor of Creecy (representing St.Louis), stating that cities have broad powers to regulate businesses for public safety and welfare reasons; therefore they can require licenses for certain types of businesses including billiard halls if deemed necessary by local authorities.

In the dissenting opinion for Pierce v. Creecy, Chief of Police of the City of St. Louis, 1907, Justice Harlan argued that the majority's decision to uphold a Missouri law prohibiting interracial marriage was incorrect and violated constitutional principles. He contended that this law infringed upon individual liberties protected by both state and federal constitutions. According to him, such laws were discriminatory in nature as they denied individuals their fundamental right to marry solely based on race or color without any reasonable justification related to public welfare or morals. Furthermore, he believed these laws contradicted the Fourteenth Amendment’s Equal Protection Clause which guarantees all citizens equal protection under the law regardless of their racial background.