Editor's Note :

Editor's Note :

We expect orders from the March 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday, March 28 and Wednesday, March 29.
On Monday the court hears oral argument in Advocate Health Care Network v. Stapleton. Ronald Mann has our preview.
On Monday the court also hears oral argument in TC Heartland LLC v. Kraft Foods Group Brands LLC. Ronald Mann has our preview.

CSX Transportation, Inc. v. Alabama Department of Revenue

Docket No. Op. Below Argument Opinion Vote Author Term
09-520 11th Cir. Nov 10, 2010
Tr.Aud.
Feb 22, 2011 7-2 Kagan OT 2010
 
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Holding: The railroad can challenge Alabama's sales and use taxes, which are imposed on railroads but not their main competitors, as discriminatory under the Railroad Revitalization and Regulatory Reform Act of 1976.

Plain English Holding: A railroad can challenge Alabama's sales and use taxes, which are imposed on railroads but not their main competitors, as discriminatory under the Railroad Revitalization and Regulatory Reform Act of 1976.

Plain English Summary:

Judgment: Reversed and remanded, 7-2, in an opinion by Justice Elena Kagan on February 22, 2011. Justice Thomas filed a dissenting opinion, which was joined by Justice Ginsburg.

SCOTUSblog Coverage

CVSG Information

Invited: February 22, 2010

Filed: May 14, 2010 (Grant)

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