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AMERICAN TRUCKING ASSNS., INC. v. MICHIGAN PUB. SERV. COMM'N

No. 03-1230.

545 U.S. 429 (2005)

AMERICAN TRUCKING ASSOCIATIONS, INC., ET AL. v. MICHIGAN PUBLIC SERVICE COMMISSION ET AL.

Supreme Court of United States.

Decided June 20, 2005.

Attorney(s) appearing for the Case

Robert Digges, Jr., argued the cause for petitioners. With him on the briefs were Charles Rothfeld and Evan Tager.

Henry J. Boynton, Assistant Solicitor General of Michigan, argued the cause for respondents. With him on the brief were Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and David A. Voges, Michael A. Nickerson, Glenn R. White, and Emmanuel B. Odunlami, Assistant Attorneys General.

Malcolm L. Stewart argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Acting Solicitor General Clement, Assistant Attorney General Keisler, Deputy Solicitor General Kneedler, Mark B. Stern, Sushma Soni, Jeffrey A. Rosen, Paul M. Geier, and Dale C. Andrews.*

BREYER, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and STEVENS, O'CONNOR, KENNEDY, SOUTER, and GINSBURG, JJ., joined. SCALIA, J., p. 439, and THOMAS, J., filed opinions concurring in the judgment.

JUSTICE BREYER delivered the opinion of the Court.

In this case, we consider whether a flat $100 fee that Michigan charges trucks engaging in intrastate commercial hauling violates the dormant Commerce Clause. We hold that it does not.

I

A subsection of Michigan's Motor Carrier Act imposes upon each motor carrier "for the administration of this act, an annual fee of $100.00 for each self-propelled motor...

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