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LEVIN v. COMMERCE ENERGY, INC.

No. 09-223.

130 S.Ct. 2323 (2010)

560 U.S. 413

Richard A. LEVIN, Tax Commissioner of Ohio, Petitioner, v. COMMERCE ENERGY, INC., et al.

Supreme Court of United States.

Decided June 1, 2010.

Attorney(s) appearing for the Case

Benjamin C. Mizer (argued), Columbus, OH, for petitioner.

Stephen C. Fitch, Columbus, OH, for respondents.

Gerhardt A. Gosnell II, Chester, Willcox & Saxbe, LLP, Columbus, OH, for Respondents.

Richard Cordray, Attorney General of Ohio, Benjamin C. Mizer, Counsel of Record, Solicitor General, Alexandra T. Schimmer, Chief Deputy Solicitor General, Stephen P. Carney, Elisabeth A. Long, Deputy Solicitors, Barton A. Hubbard, Assistant Attorney General, Columbus, OH, for Petitioner Richard A. Levin, Tax Commissioner of Ohio.

Stephen C. Fitch, Counsel of Record, Gerhardt A. Gosnell II, Chester, Willcox & Saxbe, LLP, Columbus, OH, for Respondents.

Richard Cordray, Attorney General of Ohio, Benjamin C. Mizer, Counsel of Record, Solicitor General, Alexandra T. Schimmer, Chief Deputy Solicitor General, Stephen P. Carney, Elisabeth A. Long, Deputy Solicitors, Barton A. Hubbard, Assistant Attorney General, Columbus, OH, for Petitioner Richard A. Levin, Tax Commissioner of Ohio.

Justice GINSBURG delivered the opinion of the Court.

This case presents the question whether a federal district court may entertain a complaint of allegedly discriminatory state taxation, framed as a request to increase a commercial competitor's tax burden. Relevant to our inquiry is the Tax Injunction Act (TIA or Act), 28 U.S.C. § 1341, which prohibits lower federal courts from restraining "the assessment, levy or...

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