General Motors Corp. v. Tracy

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In General Motors Corp. v. Tracy, 519 U.S. 278 (1997), the U.S. Supreme Court restated its longstanding holding that:[1]

"The negative or dormant implication of the Commerce Clause prohibits state taxation, or regulation, that discriminates against or unduly burdens interstate commerce and thereby impedes free private trade in the national marketplace."

Justices Antonin Scalia and Clarence Thomas rejected the existence of a Negative Commerce Clause.


  1. 519 at 287 (1997) (citations, brackets, and internal quotation marks omitted).