City of Philadelphia v. New Jersey

City of Philadelphia v. New Jersey
Argued March 27, 1978
Decided June 23, 1978
Full case nameCity of Philadelphia v. New Jersey
Citations437 U.S. 617 (more)
98 S. Ct. 2531; 57 L. Ed. 2d 475
Case history
PriorCity of Philadelphia v. State, 376 A.2d 888 (N.J. 1977); probable jurisdiction noted, 434 U.S. 964 (1977).
Holding
A state may not prohibit or place barriers to articles of commerce entering or exiting its boundaries without express Congressional authorization or a compelling state interest; solid and liquid refuse and the rights to landfill space to dispose thereof are articles of commerce under the Commerce Clause. Supreme Court of New Jersey reversed.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr. · Potter Stewart
Byron White · Thurgood Marshall
Harry Blackmun · Lewis F. Powell Jr.
William Rehnquist · John P. Stevens
Case opinions
MajorityStewart, joined by Brennan, White, Marshall, Blackmun, Powell, Stevens
DissentRehnquist, joined by Burger
Laws applied
U.S. Const. art. I § 8 cl. 3 (Commerce Clause), Dormant Commerce Clause, N.J. Waste Control Act, N.J. Stat. Ann. § 13 et seq

City of Philadelphia v. New Jersey, 437 U.S. 617 (1978), was a case in which the Supreme Court of the United States held that states could not discriminate against another state's articles of commerce.


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