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- SUPREME COURT OF THE UNITED STATES
- --------
- No. 94-688
- --------
- NATIONAL PRIVATE TRUCK COUNCIL, INC.,
- et al., PETITIONERS v. OKLAHOMA
- TAX COMMISSION et al.
- on writ of certiorari to the supreme court
- of oklahoma
- [June 19, 1995]
-
- Justice Kennedy, concurring.
- One reason for difficulty in adapting 42 U. S. C. 1983
- to an action attacking a state tax is, in my view, that
- 1983 was not intended for claims based on the Com-
- merce Clause at all. See Dennis v. Higgins, 498 U. S.
- 439, 451 (1991) (Kennedy, J., dissenting) (violations of
- the Commerce Clause do not give rise to a cause of
- action under 1983); see also Golden State Transit Corp.
- v. Los Angeles, 493 U. S. 103, 117 (1989) (Kennedy, J.,
- dissenting) (a federal statute's pre-emptive effect does
- not secure a right within the meaning of 1983). The
- Court has not adopted that position, however, and on
- that premise I agree with today's opinion and join it in
- full.
-