Vote:
Cert. Denied
Lower Court:
Questions Presented:
<p>Whether the Commerce Clause of the United States Constitution allows States to tax goods distributed by out-of-state wholesalers more heavily than goods distributed by in-state wholesalers.</p>
Filing Date:
Thu, 2014-01-02
Filing Headline:
Chamber urges U.S. Supreme Court to clarify proper treatment of state taxes that discriminate against interstate commerce.
Filing Description:
<p>In the <u><a href="http://www.chamberlitigation.com/sites/default/files/scotus/files/2014/U.S.%20Chamber%20Amicus%20Brief%20--%20McLane%20Southern,%20Inc.%20v.%20%20Bridges%20(U.S.%20Supreme%20Court).pdf">brief</a></u>, the U.S. Chamber urged the Supreme Court to grant the petition for a writ of certiorari and clarify that state taxes discriminating against interstate commerce in practical effect are unconstitutional under the Court’s precedents on the dormant Commerce Clause. Such discrimination is constitutionally problematic even when the state’s tax scheme does not overtly tax interstate commerce at a higher rate than intra-state commerce. Were it otherwise, States could avoid the reach of the Court’s precedents simply by developing subtle means to discriminate against out-of-state interests, creating a system inconsistent with the imperative for a uniform national economy that the Constitution was designed to foster.</p><p><u><a href="http://www.mayerbrown.com/people/Charles-A-Rothfeld/">Charles A. Rothfeld</a></u> of <u><a href="http://www.mayerbrown.com/">Mayer Brown, LLP</a></u> represented the U.S. Chamber as co-counsel to the National Chamber Litigation Center, Inc.</p>
Outcome Date:
Mon, 2014-01-27
Outcome Content:
<p>Certiorari was denied.</p>
Procedural History:
<p>Cert. Petition filed 11/27/13. Respondent brief filed 12/20/13. U.S. Chamber amicus brief filed 1/2/14. Top Tobacco, L.P. and Republic Tobacco amicus brief filed 1/2/14. International Foodservice Distributors Association amicus brief filed 1/2/14. Cert. Petition denied 1/27/13.</p>
Docket Number:
13-657