As Friendly would later note, " By demurring, Latimer had opened the door for appeal, and by certifying the case, Judge Baldwin had kept the litigation alive . . . " The case came before the Minnesota Supreme Court on April 28, 1928, at which time Latimer argued that the Public Nuisance Law violated the Minnesota constitution and was " null, void, and invalid, being in contravention of the Fourteenth Amendment to the Constitution of the United States . " The Minnesota court rejected this argument and affirmed the constitutionality of the law.
