Analysis

Justices’ Lean Toward States’ Rights Boosts Taxing Powers

Law360 (November 21, 2018, 1:28 PM EST) -- The U.S. Supreme Court’s recent leaning toward states’ rights and skepticism of dormant commerce clause power have resulted in an environment more sympathetic toward state taxing powers.

Supreme Court Justice Ruth Bader Ginsburg, as well as certain conservative justices, have been sympathetic to states’ rights, including tax law. (AP) In multiple recent cases, the justices have shown an eye toward state sovereignty and a willingness to strike down federal statutes that purport to tell states what to do. Even more significant, the court has been willing to re-examine past precedent and has displayed skepticism of dormant commerce clause arguments, putting more...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS