In the 1960 case of Two Guys from Harrison-Allentown, Inc. v. McGinley, District Attorney, Lehigh County, Pennsylvania et al., the U.S Supreme Court ruled in favor of a Pennsylvania law that prohibited retail sales on Sundays. The plaintiff was a discount department store chain which argued that this law violated their Fourteenth Amendment rights to equal protection and due process under the Constitution because it exempted certain businesses such as restaurants and theaters while prohibiting others like theirs from operating on Sundays. However, the court upheld the state's right to regulate commercial activity based on its police power and found no violation of constitutional rights since there were rational grounds for distinguishing between different types of businesses in terms of public health or welfare considerations.

In the dissenting opinion for Two Guys from Harrison-Allentown, Inc. v. McGinley, Justice Hugo Black argued that Pennsylvania's Sunday closing law violated the Equal Protection Clause of the Fourteenth Amendment because it arbitrarily discriminated between different types of businesses. He contended that there was no rational basis for allowing some businesses to remain open while forcing others to close and suggested that such decisions should be left up to individual business owners rather than being mandated by state law. Furthermore, he disagreed with the majority's interpretation of historical precedent regarding Sunday laws and believed they were using this as a pretext to uphold an unconstitutional statute. Finally, he expressed concern about government intrusion into religious matters and warned against any legislation which could potentially establish a state religion or prohibit free exercise thereof.