In the case of Whitney v. Wenman in 1904, the U.S Supreme Court was tasked with determining whether a New York law that prohibited horse racing and betting on Sundays violated the Fourteenth Amendment's Due Process Clause. The plaintiff, Whitney, argued that this law infringed upon his property rights by preventing him from using his racetrack for its intended purpose one day per week. However, the court ruled against him stating that states have police power to regulate activities such as gambling or horse racing if they believe it is necessary for public welfare or morals. Therefore, prohibiting these activities on Sunday did not violate any constitutional rights because it fell within state’s regulatory powers under its police authority.

In the dissenting opinion for Whitney v. Wenman, Justice Holmes disagreed with the majority's decision that upheld a law prohibiting betting on horse races. He argued that this was an infringement upon personal liberty and freedom of contract, which he believed were protected by the Fourteenth Amendment. According to him, if such activities are deemed harmful or immoral by society, it is up to individuals - not government - to refrain from participating in them. Furthermore, he contended that there was no clear connection between gambling and harm to public welfare; thus making its prohibition unjustifiable under police power doctrine. His view emphasized individual rights over societal norms or moral judgments imposed through legislation.