McBurney v. Young - 12-17 (2013)
SUPREME COURT OF THE UNITED STATES
MARK J. McBURNEY, et al., PETITIONERS v. NA- THANIEL L. YOUNG, DEPUTY COMMISSIONER AND DIRECTOR, VIRGINIA DIVISION OF CHILD SUPPORT ENFORCEMENT, et al.
on writ of certiorari to the united states court of appeals for the fourth circuit
[April 29, 2013]
Justice Thomas, concurring.
I join the Court’s opinion. Though the Court has prop-erly applied our dormant Commerce Clause precedents, I continue to adhere to my view that “[t]he negative Commerce Clause has no basis in the text of the Constitution, makes little sense, and has proved virtually unworkable in application, and, consequently, cannot serve as a basis for striking down a state statute.” Hillside Dairy Inc. v. Lyons, 539 U. S. 59, 68 (2003) (opinion concurring in part and dissenting in part) (citation and internal quotation marks omitted).