American Trucking Assns., Inc. v. Michigan Pub. Serv. Comm'n
545 U.S. ___ (2005)

Annotate this Case

545 U. S. ____ (2005)
545 U. S. ____ (2005)
545 U. S. ____ (2005)
SUPREME COURT OF THE UNITED STATES
NO. 03-1230

AMERICAN TRUCKING ASSOCIATIONS, INC. and USF HOLLAND, INC., PETITIONERS v. MICHIGAN PUBLIC SERVICE COMMISSION et al.

on writ of certiorari to the court of appeals of michigan

[June 20, 2005]

   Justice Thomas, concurring in the judgment.

   I would affirm the judgment of the Michigan Court of Appeals because “ ‘[t]he negative Commerce Clause has no basis in the text of the Constitution, makes little sense, and has proved virtually unworkable in application,’ Camps Newfound/Owatonna, Inc. v. Town of Harrison,520 U. S. 564, 610 (1997) (Thomas, J., dissenting), and, consequently, cannot serve as a basis for striking down a state statute.” Hillside Dairy Inc. v. Lyons,539 U. S. 59, 68 (2003) (Thomas, J., concurring in part and dissenting in part).

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