Levin v. Commerce Energy, Inc.
560 U.S. ___ (2010)

Annotate this Case

560 U. S. ____ (2010)
560 U. S. ____ (2010)
560 U. S. ____ (2010)
SUPREME COURT OF THE UNITED STATES
NO. 09-223

RICHARD A. LEVIN, TAX COMMISSIONER OF OHIO, PETITIONER v. COMMERCE ENERGY, INC., et al.

on writ of certiorari to the united states court of appeals for the sixth circuit

[June 1, 2010]

   Justice Kennedy, concurring.

   The Court’s rationale in Hibbs v. Winn, 542 U. S. 88 (2004), seems to me still doubtful. Nothing in the Court’s opinion today expands Hibbs’ holding further, however, and on that understanding I join the opinion of the Court.

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