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Supreme Court· 2/21/1996

Fulton Corp. v. Faulkner

Citations

  • 516 U.S. 325
  • 116 S. Ct. 848
  • 133 L. Ed. 2d 796
  • 1996 U.S. LEXIS 1379
  • 64 U.S.L.W. 4088
  • 96 Daily Journal DAR 1867
  • 9 Fla. L. Weekly Fed. S 393
  • 96 Cal. Daily Op. Serv. 1118

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that past decisions were “no longer good law under the Commerce Clause” because “to the extent that [they] evaluated a discriminatory state tax under the Equal Protection Clause, time simply has passed [them] by”
  • rejecting state’s contention that a facially discriminatory tax compensated for an intrastate burden funded through general taxation
  • describing dormant Commerce Clause as a prohibition on state regulations designed with the purpose of benefiting in-state interests by burdening out-of-state interests
  • finding a tax discriminatory if it “tax[es] a transaction or incident more heavily when it crosses state lines than when it occurs entirely within the state”
  • finding facially discriminatory a North Carolina tax regime that expressly “taxes stock only to the degree that its issuing corporation participates in interstate commerce”
  • describing dormant Commerce Clause as a prohi bition on state regulations designed with the purpose of benefiting in-state interests by burdening out-of-state interests

Source: CourtListener parenthetical corpus (CC0).

Judges: Souter, Rehnquist

Read full opinion on CourtListener

Cited by

156 cases in this archive cite this case; the 20 most cited are listed.

Cites

29 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Fulton Corp. v. Faulkner

5 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.