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McLane Southern, Inc. v. Cynthia Bridges, Secretary of the Department of Revenue, State of Louisiana

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Vote: 
Cert. Denied
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&rsquo;s precedents on the dormant Commerce Clause. Such discrimination is constitutionally problematic even when the state&rsquo;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&rsquo;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

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