42 Indiana opinions name it 3 courts 1908–2015 0 in the last five years
The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Indiana-Kentucky Electric Corp. v. Indiana Department of State Revenuegreen2 sentences2006Corp. v. Indiana Dep't of State Revenue, 598 N.E.2d 647, 656 (Ind. Tax Ct. 1992) (citations omitted). 2006Corp. v. Indiana Dep't of State Revenue, 598 N.E.2d 647, 656 (Ind. Tax Ct. 1992) (citations omitted). | 3 | 3 |
Roehl Transport, Inc. v. Indiana Department of State Revenuegreen2 sentences1998“The negative or dormant implication of the Commerce Clause prohibits state taxation ... or regulation ... that discriminates against or unduly burdens interstate commerce.... ” General Motors Corp. v. Tracy, 519 U.S. 278 ," —, 117 S.Ct. 811, 818 , 136 L.Ed.2d 761 (1997) (citations omitted). 6 *1375 A state tax will be upheld against a Commerce Clause challenge when “the tax is applied to an activity with a substantial nexus with the taxing State, is fairly apportioned, does not discriminate against interstate commerce, and is fairly related to the services provided by the State.” Complete Aut 1998“The negative or dormant implication of the Commerce Clause prohibits state taxation ... or regulation ... that discriminates against or unduly burdens interstate commerce.... ” General Motors Corp. v. Tracy, 519 U.S. 278 ," —, 117 S.Ct. 811, 818 , 136 L.Ed.2d 761 (1997) (citations omitted). 6 *1375 A state tax will be upheld against a Commerce Clause challenge when “the tax is applied to an activity with a substantial nexus with the taxing State, is fairly apportioned, does not discriminate against interstate commerce, and is fairly related to the services provided by the State.” Complete Aut | 2 | 2 |
Freeman v. Hewitgreen2 sentences1988Indiana imposed a tax on the gross receipts of the sale. ^ Justice Frankfurter, writing for the majority, began his analysis of the commerce clause issue: “Our starting point is clear. [T]he Commerce Clause was not merely an authorization to Congress to enact laws for the protection and encouragement of commerce among the states, but by its own force created an area of trade free from interference by the States.” Freeman, 329 U.S. at 252 , 67 S.Ct. at 276 (emphasis added) The Court rejected Indiana’s arguments that the tax was valid because it neither discriminated against interstate commerce 1988Indiana imposed a tax on the gross receipts of the sale. ^ Justice Frankfurter, writing for the majority, began his analysis of the commerce clause issue: “Our starting point is clear. [T]he Commerce Clause was not merely an authorization to Congress to enact laws for the protection and encouragement of commerce among the states, but by its own force created an area of trade free from interference by the States.” Freeman, 329 U.S. at 252 , 67 S.Ct. at 276 (emphasis added) The Court rejected Indiana’s arguments that the tax was valid because it neither discriminated against interstate commerce | 1 | 3 |
Simon Aviation, Inc. v. Indiana Department of State Revenuegreen2 sentences2015Asplundh contends that the imposition of use tax on the purchases of its commercial vehicles pursuant to Indiana Code § 6-2.5-3-2(a) violates the Commerce Clause of the United States Constitution. 5 (See Pet’r Br. at 20-23.) “[A] state tax ‘will survive a Commerce Clause challenge if the tax (1) is imposed on an activity with a substantial nexus with the taxing state, (2) is fairly apportioned, (3) does not discriminate against interstate commerce in favor of local commerce, and (4) is fairly related to services the state provides.’ ” Simon Aviation, Inc. v. Indiana Dep’t of State Revenue, 805 2015Asplundh contends that the imposition of use tax on the purchases of its commercial vehicles pursuant to Indiana Code § 6-2.5-3-2(a) violates the Commerce Clause of the United States Constitution. 5 (See Pet’r Br. at 20-23.) “[A] state tax ‘will survive a Commerce Clause challenge if the tax (1) is imposed on an activity with a substantial nexus with the taxing state, (2) is fairly apportioned, (3) does not discriminate against interstate commerce in favor of local commerce, and (4) is fairly related to services the state provides.’ ” Simon Aviation, Inc. v. Indiana Dep’t of State Revenue, 805 | 1 | 1 |
Rhoade v. Indiana Department of State Revenuegreen1 sentence2006Rhoade v. Indiana Dep't of State Revenue, 774 N.E.2d 1044, 1047 (Ind. Tax Ct. 2002). [13] In its brief, WJ's Commerce Clause analysis utilizes the four-part test set forth in Complete Auto Transit, Inc. v. Brady, 430 U.S. 274, 279 , 97 S.Ct. 1076, 1079 , 51 L.Ed.2d 326 (1977), reh'g denied. | 1 | 1 |
State v. Wengergreen2 sentences1996See Craig v. Boren (1976) 429 U.S. 190, 205 , 97 S.Ct. 451, 461 , 50 L.Ed.2d 397 (''The wording of § 2 of the Twenty-first Amendment closely follows the Webb-Kenyon and Wilson Acts, expressing the framers' clear intention of constitutionalizing the Commerce Clause framework established under those statutes."), reh'g denied 429 U.S. 1124 , 97 S.Ct. 1161 , 51 L.Ed.2d 574 ; cf. Georgia v. Wenger (1950) E.D.Ill., 94 F.Supp. 976, 981 ("In so far as the Twenty-first Amendment has been subjected to judicial interpretation the same scope, meaning and purpose has been ascribed to it as to the Webb-Keny 1996See Craig v. Boren (1976) 429 U.S. 190, 205 , 97 S.Ct. 451, 461 , 50 L.Ed.2d 397 (''The wording of § 2 of the Twenty-first Amendment closely follows the Webb-Kenyon and Wilson Acts, expressing the framers' clear intention of constitutionalizing the Commerce Clause framework established under those statutes."), reh'g denied 429 U.S. 1124 , 97 S.Ct. 1161 , 51 L.Ed.2d 574 ; cf. Georgia v. Wenger (1950) E.D.Ill., 94 F.Supp. 976, 981 ("In so far as the Twenty-first Amendment has been subjected to judicial interpretation the same scope, meaning and purpose has been ascribed to it as to the Webb-Keny | 1 | 1 |
Craig v. Borengreen2 sentences1996See Craig v. Boren (1976) 429 U.S. 190, 205 , 97 S.Ct. 451, 461 , 50 L.Ed.2d 397 (''The wording of § 2 of the Twenty-first Amendment closely follows the Webb-Kenyon and Wilson Acts, expressing the framers' clear intention of constitutionalizing the Commerce Clause framework established under those statutes."), reh'g denied 429 U.S. 1124 , 97 S.Ct. 1161 , 51 L.Ed.2d 574 ; cf. Georgia v. Wenger (1950) E.D.Ill., 94 F.Supp. 976, 981 ("In so far as the Twenty-first Amendment has been subjected to judicial interpretation the same scope, meaning and purpose has been ascribed to it as to the Webb-Keny 1996See Craig v. Boren (1976) 429 U.S. 190, 205 , 97 S.Ct. 451, 461 , 50 L.Ed.2d 397 (''The wording of § 2 of the Twenty-first Amendment closely follows the Webb-Kenyon and Wilson Acts, expressing the framers' clear intention of constitutionalizing the Commerce Clause framework established under those statutes."), reh'g denied 429 U.S. 1124 , 97 S.Ct. 1161 , 51 L.Ed.2d 574 ; cf. Georgia v. Wenger (1950) E.D.Ill., 94 F.Supp. 976, 981 ("In so far as the Twenty-first Amendment has been subjected to judicial interpretation the same scope, meaning and purpose has been ascribed to it as to the Webb-Keny | 1 | 1 |
Craig v. Borengreen2 sentences1996See Craig v. Boren (1976) 429 U.S. 190, 205 , 97 S.Ct. 451, 461 , 50 L.Ed.2d 397 (''The wording of § 2 of the Twenty-first Amendment closely follows the Webb-Kenyon and Wilson Acts, expressing the framers' clear intention of constitutionalizing the Commerce Clause framework established under those statutes."), reh'g denied 429 U.S. 1124 , 97 S.Ct. 1161 , 51 L.Ed.2d 574 ; cf. Georgia v. Wenger (1950) E.D.Ill., 94 F.Supp. 976, 981 ("In so far as the Twenty-first Amendment has been subjected to judicial interpretation the same scope, meaning and purpose has been ascribed to it as to the Webb-Keny 1996See Craig v. Boren (1976) 429 U.S. 190, 205 , 97 S.Ct. 451, 461 , 50 L.Ed.2d 397 (''The wording of § 2 of the Twenty-first Amendment closely follows the Webb-Kenyon and Wilson Acts, expressing the framers' clear intention of constitutionalizing the Commerce Clause framework established under those statutes."), reh'g denied 429 U.S. 1124 , 97 S.Ct. 1161 , 51 L.Ed.2d 574 ; cf. Georgia v. Wenger (1950) E.D.Ill., 94 F.Supp. 976, 981 ("In so far as the Twenty-first Amendment has been subjected to judicial interpretation the same scope, meaning and purpose has been ascribed to it as to the Webb-Keny | 1 | 1 |
McDonald v. Thompsongreen2 sentences1996See Craig v. Boren (1976) 429 U.S. 190, 205 , 97 S.Ct. 451, 461 , 50 L.Ed.2d 397 (''The wording of § 2 of the Twenty-first Amendment closely follows the Webb-Kenyon and Wilson Acts, expressing the framers' clear intention of constitutionalizing the Commerce Clause framework established under those statutes."), reh'g denied 429 U.S. 1124 , 97 S.Ct. 1161 , 51 L.Ed.2d 574 ; cf. Georgia v. Wenger (1950) E.D.Ill., 94 F.Supp. 976, 981 ("In so far as the Twenty-first Amendment has been subjected to judicial interpretation the same scope, meaning and purpose has been ascribed to it as to the Webb-Keny 1996See Craig v. Boren (1976) 429 U.S. 190, 205 , 97 S.Ct. 451, 461 , 50 L.Ed.2d 397 (''The wording of § 2 of the Twenty-first Amendment closely follows the Webb-Kenyon and Wilson Acts, expressing the framers' clear intention of constitutionalizing the Commerce Clause framework established under those statutes."), reh'g denied 429 U.S. 1124 , 97 S.Ct. 1161 , 51 L.Ed.2d 574 ; cf. Georgia v. Wenger (1950) E.D.Ill., 94 F.Supp. 976, 981 ("In so far as the Twenty-first Amendment has been subjected to judicial interpretation the same scope, meaning and purpose has been ascribed to it as to the Webb-Keny | 1 | 1 |
Loden v. Cunninghamgreen2 sentences1996See Craig v. Boren (1976) 429 U.S. 190, 205 , 97 S.Ct. 451, 461 , 50 L.Ed.2d 397 (''The wording of § 2 of the Twenty-first Amendment closely follows the Webb-Kenyon and Wilson Acts, expressing the framers' clear intention of constitutionalizing the Commerce Clause framework established under those statutes."), reh'g denied 429 U.S. 1124 , 97 S.Ct. 1161 , 51 L.Ed.2d 574 ; cf. Georgia v. Wenger (1950) E.D.Ill., 94 F.Supp. 976, 981 ("In so far as the Twenty-first Amendment has been subjected to judicial interpretation the same scope, meaning and purpose has been ascribed to it as to the Webb-Keny 1996See Craig v. Boren (1976) 429 U.S. 190, 205 , 97 S.Ct. 451, 461 , 50 L.Ed.2d 397 (''The wording of § 2 of the Twenty-first Amendment closely follows the Webb-Kenyon and Wilson Acts, expressing the framers' clear intention of constitutionalizing the Commerce Clause framework established under those statutes."), reh'g denied 429 U.S. 1124 , 97 S.Ct. 1161 , 51 L.Ed.2d 574 ; cf. Georgia v. Wenger (1950) E.D.Ill., 94 F.Supp. 976, 981 ("In so far as the Twenty-first Amendment has been subjected to judicial interpretation the same scope, meaning and purpose has been ascribed to it as to the Webb-Keny | 1 | 1 |
Bacchus Imports, Ltd. v. Diasgreen2 sentences1995See Bacchus Imports, Ltd. v. Dias, 468 U.S. 263, 273 , 104 S.Ct. 3049, 3056 , 82 L.Ed.2d 200 (1984) ('{(Ilt is irrelevant to the Commerce Clause inquiry that the motivation of the legislature was the desire to aid [in-state interests] rather than to harm out-of-state producers."); Limbach, 486 U.S. at 273-74 , 108 S.Ct. at 1807-08 . 1995See Bacchus Imports, Ltd. v. Dias, 468 U.S. 263, 273 , 104 S.Ct. 3049, 3056 , 82 L.Ed.2d 200 (1984) ('{(Ilt is irrelevant to the Commerce Clause inquiry that the motivation of the legislature was the desire to aid [in-state interests] rather than to harm out-of-state producers."); Limbach, 486 U.S. at 273-74 , 108 S.Ct. at 1807-08 . | 1 | 1 |
| United States v. John Bagnariol, United States of America v. Gordon L. Walgren, United States of America v. Patrick Gallaghergreen | 1 | 1 |
| Gulch Gaming, Inc. v. South Dakotagreen | 1 | 1 |
| Weaver v. Martingreen | 1 | 1 |
| Freeman v. United Statesgreen | 1 | 1 |
| G. B. v. Illinoisgreen | 1 | 1 |
| Darnell v. Indianagreen | 1 | 1 |
| Hawley v. City of Maldengreen | 1 | 1 |
| Ashland Oil, Inc. v. Carylgreen | 1 | 1 |
| Dominion National Bank v. Martha B. Olsengreen | 1 | 1 |
| The Minnesota Rate Casesgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Complete Auto Transit, Inc. v. Brady
green
2 sentences2015Asplundh contends that the imposition of use tax on the purchases of its commercial vehicles pursuant to Indiana Code § 6-2.5-3-2(a) violates the Commerce Clause of the United States Constitution. 5 (See Pet’r Br. at 20-23.) “[A] state tax ‘will survive a Commerce Clause challenge if the tax (1) is imposed on an activity with a substantial nexus with the taxing state, (2) is fairly apportioned, (3) does not discriminate against interstate commerce in favor of local commerce, and (4) is fairly related to services the state provides.’ ” Simon Aviation, Inc. v. Indiana Dep’t of State Revenue, 805 2015Asplundh contends that the imposition of use tax on the purchases of its commercial vehicles pursuant to Indiana Code § 6-2.5-3-2(a) violates the Commerce Clause of the United States Constitution. 5 (See Pet’r Br. at 20-23.) “[A] state tax ‘will survive a Commerce Clause challenge if the tax (1) is imposed on an activity with a substantial nexus with the taxing state, (2) is fairly apportioned, (3) does not discriminate against interstate commerce in favor of local commerce, and (4) is fairly related to services the state provides.’ ” Simon Aviation, Inc. v. Indiana Dep’t of State Revenue, 805 | 9 | 1988–2015 |
Western Live Stock v. Bureau of Revenue
green
2 sentences1988The Supreme Court sharply changed its course with the introduction of the multiple tax doctrine in Western Live Stock v. Bureau of Revenue (1938), 303 U.S. 250 , 58 S.Ct. 546 , 82 L.Ed. 823 . 1939The court was right in dismissing the suit.” If the making of contracts for the printing and publishing of advertisements in a newspaper or magazine that circulates interstate does not involve interstate commerce, within the meaning of the commerce clause of the Federal constitution, it would seem logical to hold that income derived from such contracts would, likewise be free from the provisions of said constitutional provisions. *290 But assuming that the question here involves the question of interstate commerce, we are of the opinion that appellee should not recover under the law as laid do | 3 | 1939–1988 |
Michigan-Wisconsin Pipe Line Co. v. Calvert
green
2 sentences1969General Motors Corp. v. Washington, supra. This type of tax, of which Indiana’s is one, poses the threat of cumulative burdens being placed on interstate commerce since every state has an equal right to tax the commerce that it touches, General Motors Corp. v. Washington, supra; Michigan-Wisconsin Pipe Line Co. v. Calvert (1954), 347 U. S. 157 ; thus renewing the barriers to interstate trade that the commerce clause, U. S. Constitution, Art. 1, § 8, sought to remove. 1969This type of tax, of which Indiana's is one, poses the threat of cumulative burdens being placed on interstate commerce since every state has an equal right to tax the commerce that it touches, General Motors Corp. v. Washington, supra ; Michigan-Wisconsin Pipe Line Co. v. Calvert (1954), 347 U.S. 157 ; thus renewing the barriers to interstate trade that the commerce clause, U.S. Constitution, Art. 1, § 8, sought to remove. | 3 | 1969–1972 |
American Trucking Assns., Inc. v. Scheiner
green
2 sentences1988Id. at 2846 (citing Complete Auto Transit, Inc. v. Brady (1977), 480 U.S. 274, 281 , 97 S.Ct. 1076, 1080 , 51 L.Ed.2d 326 ). 1988Id. at 2846 (citing Complete Auto Transit, Inc. v. Brady (1977), 480 U.S. 274, 281 , 97 S.Ct. 1076, 1080 , 51 L.Ed.2d 326 ). | 2 | 1987–1988 |
American Trucking Assns., Inc. v. Conway
green
2 sentences1987American Trucking Associations, Inc. v. Conway (1986), 146 Vt. 574 , 508 A.2d 405 . 1987American Trucking Associations, Inc. v. Conway (1986), 146 Vt. 574 , 508 A.2d 405 . | 2 | 1987–1987 |
Braniff Airways, Inc. v. Nebraska State Board of Equalization & Assessment
green
2 sentences1972Braniff Airways, Inc. v. Nebraska State Board of Equalization and Assessment (1954), 347 U.S. 590 , 74 S. Ct. 757 , 98 L. 1972Braniff Airways, Inc. v. Nebraska State Board of Equalization and Assessment (1954), 347 U.S. 590 , 74 S. Ct. 757 , 98 L. | 2 | 1972–1972 |
Spector Motor Service, Inc. v. O'Connor
red
2 sentences1972Michigan-Wisconsin Pipe Line Co. v. Calvert, supra. It has been held that: “. . . [i]t was not the purpose of the commerce clause to relieve those engaged in interstate commerce from their just share of state tax burden even though it increases the cost of doing the business.” General Motors Corporation v. Washington, supra. See also: Spector Motor Service, Inc. v. O’Connor (1964), 340 U.S. 602 , 71 S. Ct. 508 , 95 L. 1972Michigan-Wisconsin Pipe Line Co. v. Calvert, supra. It has been held that: “. . . [i]t was not the purpose of the commerce clause to relieve those engaged in interstate commerce from their just share of state tax burden even though it increases the cost of doing the business.” General Motors Corporation v. Washington, supra. See also: Spector Motor Service, Inc. v. O’Connor (1964), 340 U.S. 602 , 71 S. Ct. 508 , 95 L. | 2 | 1972–1972 |
Prudential Insurance v. Benjamin
green
2 sentences2013The Supreme Court further explained the Act “put the full weight of [Congress’] power behind existing and future state legislation to sustain it from-any attack under the commerce clause to whatever extent this may be done with the force of that power behind it, subject only to the exceptions expressly provided for.” Id. at 431 , 66 S.Ct. 1142 . 2013The Supreme Court further explained the Act “put the full weight of [Congress’] power behind existing and future state legislation to sustain it from-any attack under the commerce clause to whatever extent this may be done with the force of that power behind it, subject only to the exceptions expressly provided for.” Id. at 431 , 66 S.Ct. 1142 . | 1 | 2013–2013 |
King v. L & L Marine Service, Inc.
green
1 sentence2004The original decision may have been buttressed by the Missouri Supreme Court decision in King v. L & L Marine Serv., Inc., 647 S.W.2d 524 (Mo.1983). | 1 | 2004–2004 |
People ex rel. Anonymous v. Talbot Perkins Adoption Service
neutral
1 sentence2003Prods., Inc. v. City of New York, 46 Misc.2d 369 , 350 500, 503 (N.Y.Sup.Ct.1973). | 1 | 2003–2003 |
Pike v. Bruce Church, Inc.
green
2 sentences2003Even if such a ban were to be evaluated under the more stringent balancing of Pike v. Bruce Church, Inc., 397 U.S. 137, 142 , 90 S.Ct. 844 , 25 L.Ed.2d 174 (1970), its survival of a commerce clause challenge would turn on factual issues resolved at this pleading stage in favor of the plaintiff. 2003Even if such a ban were to be evaluated under the more stringent balancing of Pike v. Bruce Church, Inc., 397 U.S. 137, 142 , 90 S.Ct. 844 , 25 L.Ed.2d 174 (1970), its survival of a commerce clause challenge would turn on factual issues resolved at this pleading stage in favor of the plaintiff. | 1 | 2003–2003 |
Commonwealth Edison Co. v. Montana
green
2 sentences2001Because U.S. Supreme Court dictum suggests that a fee charged for "specific quantifiable services" cannot survive a Commerce Clause challenge if it is "manifestly disproportionate to the services rendered," Commonwealth Edison Company v. Montana, 453 U.S. 609 , 622 n. 12, 101 S.Ct. 2946 , 69 L.Ed.2d 884 (1981), reh'g denied, M.X. 2001Because U.S. Supreme Court dictum suggests that a fee charged for "specific quantifiable services" cannot survive a Commerce Clause challenge if it is "manifestly disproportionate to the services rendered," Commonwealth Edison Company v. Montana, 453 U.S. 609 , 622 n. 12, 101 S.Ct. 2946 , 69 L.Ed.2d 884 (1981), reh'g denied, M.X. | 1 | 2001–2001 |
General Motors Corp. v. Tracy
green
2 sentences1998“The negative or dormant implication of the Commerce Clause prohibits state taxation ... or regulation ... that discriminates against or unduly burdens interstate commerce.... ” General Motors Corp. v. Tracy, 519 U.S. 278 ," —, 117 S.Ct. 811, 818 , 136 L.Ed.2d 761 (1997) (citations omitted). 6 *1375 A state tax will be upheld against a Commerce Clause challenge when “the tax is applied to an activity with a substantial nexus with the taxing State, is fairly apportioned, does not discriminate against interstate commerce, and is fairly related to the services provided by the State.” Complete Aut 1998“The negative or dormant implication of the Commerce Clause prohibits state taxation ... or regulation ... that discriminates against or unduly burdens interstate commerce.... ” General Motors Corp. v. Tracy, 519 U.S. 278 ," —, 117 S.Ct. 811, 818 , 136 L.Ed.2d 761 (1997) (citations omitted). 6 *1375 A state tax will be upheld against a Commerce Clause challenge when “the tax is applied to an activity with a substantial nexus with the taxing State, is fairly apportioned, does not discriminate against interstate commerce, and is fairly related to the services provided by the State.” Complete Aut | 1 | 1998–1998 |
State of Georgia v. Wenger
green
2 sentences1996See Craig v. Boren (1976) 429 U.S. 190, 205 , 97 S.Ct. 451, 461 , 50 L.Ed.2d 397 (''The wording of § 2 of the Twenty-first Amendment closely follows the Webb-Kenyon and Wilson Acts, expressing the framers' clear intention of constitutionalizing the Commerce Clause framework established under those statutes."), reh'g denied 429 U.S. 1124 , 97 S.Ct. 1161 , 51 L.Ed.2d 574 ; cf. Georgia v. Wenger (1950) E.D.Ill., 94 F.Supp. 976, 981 ("In so far as the Twenty-first Amendment has been subjected to judicial interpretation the same scope, meaning and purpose has been ascribed to it as to the Webb-Keny 1996See Craig v. Boren (1976) 429 U.S. 190, 205 , 97 S.Ct. 451, 461 , 50 L.Ed.2d 397 (''The wording of § 2 of the Twenty-first Amendment closely follows the Webb-Kenyon and Wilson Acts, expressing the framers' clear intention of constitutionalizing the Commerce Clause framework established under those statutes."), reh'g denied 429 U.S. 1124 , 97 S.Ct. 1161 , 51 L.Ed.2d 574 ; cf. Georgia v. Wenger (1950) E.D.Ill., 94 F.Supp. 976, 981 ("In so far as the Twenty-first Amendment has been subjected to judicial interpretation the same scope, meaning and purpose has been ascribed to it as to the Webb-Keny | 1 | 1996–1996 |
Wyoming v. Oklahoma
green
2 sentences1996Wyoming v. Oklahoma (1994) 502 U.S. 437, 454 , 112 S.Ct. 789, 800 , 117 LEd.2d 1. 1996Wyoming v. Oklahoma (1994) 502 U.S. 437, 454 , 112 S.Ct. 789, 800 , 117 LEd.2d 1. | 1 | 1996–1996 |
City of Philadelphia v. New Jersey
green
2 sentences1995Thus, the court must determine whether the challenged portions of the [Act] are just 'protectionist measure[s], of whether [the Act] can fairly be viewed as a law directed to legitimate local concerns, with effects upon interstate commerce that are only incidental" City *765 of Philadelphia v. New Jersey, 437 U.S. 617, 624 , 98 S.Ct. 2531, 2536 , 57 L.Ed.2d 475 (1978). 1995Thus, the court must determine whether the challenged portions of the [Act] are just 'protectionist measure[s], of whether [the Act] can fairly be viewed as a law directed to legitimate local concerns, with effects upon interstate commerce that are only incidental" City *765 of Philadelphia v. New Jersey, 437 U.S. 617, 624 , 98 S.Ct. 2531, 2536 , 57 L.Ed.2d 475 (1978). | 1 | 1995–1995 |
New Energy Co. of Indiana v. Limbach
green
2 sentences1995See Bacchus Imports, Ltd. v. Dias, 468 U.S. 263, 273 , 104 S.Ct. 3049, 3056 , 82 L.Ed.2d 200 (1984) ('{(Ilt is irrelevant to the Commerce Clause inquiry that the motivation of the legislature was the desire to aid [in-state interests] rather than to harm out-of-state producers."); Limbach, 486 U.S. at 273-74 , 108 S.Ct. at 1807-08 . 1995See Bacchus Imports, Ltd. v. Dias, 468 U.S. 263, 273 , 104 S.Ct. 3049, 3056 , 82 L.Ed.2d 200 (1984) ('{(Ilt is irrelevant to the Commerce Clause inquiry that the motivation of the legislature was the desire to aid [in-state interests] rather than to harm out-of-state producers."); Limbach, 486 U.S. at 273-74 , 108 S.Ct. at 1807-08 . | 1 | 1995–1995 |
Merrion v. Jicarilla Apache Tribe
green
2 sentences1995Merrion v. Jicarilla Apache Tribe, 455 U.S. 130, 154-55 , 102 S.Ct. 894, 910-11 , 71 L.Ed.2d 21 (1982) ("Onee Congress acts, courts are not free to review state taxes or other regulations under the dormant Commerce Clause. 1995Merrion v. Jicarilla Apache Tribe, 455 U.S. 130, 154-55 , 102 S.Ct. 894, 910-11 , 71 L.Ed.2d 21 (1982) ("Onee Congress acts, courts are not free to review state taxes or other regulations under the dormant Commerce Clause. | 1 | 1995–1995 |
NAT. ASS'N OF FUNDRAISING TICKET MFRS. v. Humphrey
neutral
2 sentences1994See United States v. Bagnariol (9th Cir.1981), 665 F.2d 877, 896 , cert. denied, Bagnariol v. United States (1982), 456 U.S. 962 , 102 S.Ct. 2040 , 72 L.Ed.2d 487 (scheme to liberalize state gambling laws had sufficient effect on interstate commerce to satisfy jurisdictional requirements of various federal criminal statutes); Gulch Gaming, Inc. v. State of South Dakota (D.S.D. 1991), 781 F. Supp. 621, 626 (requirement that corporations applying for gaming license be owned in the majority by South Dakota residents violated the commerce clause); National Ass'n of Fundraising Ticket Mfrs. v. Hump 1994See United States v. Bagnariol (9th Cir.1981), 665 F.2d 877, 896 , cert. denied, Bagnariol v. United States (1982), 456 U.S. 962 , 102 S.Ct. 2040 , 72 L.Ed.2d 487 (scheme to liberalize state gambling laws had sufficient effect on interstate commerce to satisfy jurisdictional requirements of various federal criminal statutes); Gulch Gaming, Inc. v. State of South Dakota (D.S.D. 1991), 781 F. Supp. 621, 626 (requirement that corporations applying for gaming license be owned in the majority by South Dakota residents violated the commerce clause); National Ass'n of Fundraising Ticket Mfrs. v. Hump | 1 | 1994–1994 |
| Gibbons v. Ogden green | 1 | 1991–1991 |
| Kelley v. Rhoads green | 1 | 1991–1991 |
| Dennis v. Higgins green | 1 | 1991–1991 |
| Darnell v. State green | 1 | 1991–1991 |
| IND. DEPT. OF STATE REVENUE v. Nebeker green | 1 | 1988–1988 |
| Indiana Department of State Revenue v. Nebeker green | 1 | 1988–1988 |
| California ex rel. Brown v. St. Louis Union Trust Co. green | 1 | 1988–1988 |
| Southern Pac. Transp. v. ST. CHARLES PAR. POL. JURY neutral | 1 | 1987–1987 |
| McGoldrick v. Berwind-White Coal Mining Co. green | 1 | 1987–1987 |
| International Harvester Co. v. Department of Treasury of State of Indiana green | 1 | 1987–1987 |
| Nudelman v. Globe Varnish Co. green | 1 | 1987–1987 |
| Baltimore & Ohio Railroad v. Kepner neutral | 1 | 1987–1987 |
| Rath v. Crosby green | 1 | 1987–1987 |
| Hodel v. Virginia Surface Mining & Reclamation Assn., Inc. green | 1 | 1983–1983 |
| Minnesota v. Blasius green | 1 | 1982–1982 |
| ARTHUR WALTER SEED CO. ETC. v. McCLURE, TREAS., ETC. neutral | 1 | 1982–1982 |
| McLeod v. J. E. Dilworth Co. green | 1 | 1969–1969 |
| General Motors Corp. v. Washington green | 1 | 1969–1969 |
| Postal Telegraph Cable Co. v. Adams green | 1 | 1953–1953 |
| James v. Dravo Contracting Co. green | 1 | 1953–1953 |
| Central Greyhound Lines, Inc. v. Mealey green | 1 | 1953–1953 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.