ALABAMA DEPT. OF REVENUE v. CSX TRANSP.

No. 13-553.

135 S.Ct. 1136 (2015)

191 L.Ed.2d 113

ALABAMA DEPARTMENT OF REVENUE, et al., Petitioners v. CSX TRANSPORTATION, INC.

Supreme Court of United States.

Decided March 4, 2015.


Attorney(s) appearing for the Case

Andrew L. Brasher , Solicitor General, for Petitioners.

Elaine J. Goldenberg , for the United States as amicus curiae, by special leave of the Court, supporting neither party.

Carter G. Phillips , Washington, DC, for Respondent.

Mark Griffin , Chief Legal Counsel, Margaret Johnson McNeill , Keith Maddox , Assistant Attys. General, Montgomery, AL, Luther Strange , Alabama Attorney General, Andrew L. Brasher , Solicitor General, Counsel of Record, Megan A. Kirkpatrick , Assistant Solicitor General, Montgomery, AL, for Petitioners.

Ellen M. Fitzsimmons , Jacksonville, FL, Joel W. Pangborn , Jacksonville, FL, Peter J. Shudtz , Washington, DC, Carter G. Phillips , Counsel of Record, Jacqueline G. Cooper , Paul J. Sampson , Sidley Austin LLP, Washington, DC, James W. McBride , Baker, Donelson, Bearman, Caldwell, & Berkowitz, PC, Washington, DC, Stephen D. Goodwin , Baker, Donelson, Bearman, Caldwell, & Berkowitz, PC, Memphis, TN, for Respondent.

SCALIA, J., delivered the opinion of the Court, in which ROBERTS, C.J., and KENNEDY, BREYER, ALITO, SOTOMAYOR, and KAGAN, JJ., joined. THOMAS, J., filed a dissenting opinion, in which GINSBURG, J., joined.


Federal law prohibits States from imposing taxes that "discriminat[e] against a rail carrier." 49 U.S.C. § 11501(b)(4). We are asked to decide whether a State violates this prohibition by taxing diesel fuel purchases made by a rail carrier while exempting similar purchases made by its competitors...

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