In the case of Wright v. Vinton Branch of the Mountain Trust Bank of Roanoke et al., 1936, the U.S Supreme Court was asked to determine whether a Virginia state law that allowed banks to sell mortgaged property without judicial process violated due process rights under the Fourteenth Amendment. The plaintiff, Mrs. Wright, argued that her home had been sold by Mountain Trust Bank without proper notice or opportunity for her to contest it in court. However, Justice Cardozo delivered an opinion on behalf of a unanimous court ruling against Mrs. Wright and upholding Virginia's non-judicial foreclosure law as constitutional. The Court reasoned that since she voluntarily entered into a mortgage contract with these terms included and received consideration (the loan), there was no violation of due process rights.

The dissenting opinion in the case of Wright v. Vinton Branch of the Mountain Trust Bank of Roanoke et al., 1936, argued that the majority's decision to uphold a Virginia law allowing banks to sell mortgaged property without court supervision was inconsistent with previous rulings and violated due process rights under the Fourteenth Amendment. The dissent contended that this practice permitted banks to undervalue properties and sell them at unfairly low prices, thereby depriving homeowners of their rightful equity. It also criticized the majority for failing to consider whether such sales were conducted fairly or if they resulted in unconscionable losses for homeowners. Furthermore, it disagreed with the majority's assertion that state laws should be presumed constitutional until proven otherwise, arguing instead that any law infringing upon fundamental rights should be subject to strict scrutiny by courts.