# Levin v. Commerce Energy, Inc.

> Supreme Court of the United States · June 1, 2010 · 560 U.S. 413

URL: https://www.frixlaw.com/law-library/cases/6680920

## Case

- **Full name:** RICHARD A. LEVIN, TAX COMMISSIONER OF OHIO v. COMMERCE ENERGY, INC.
- **Court:** Supreme Court of the United States
- **Decided:** June 1, 2010
- **Citations:** 560 U.S. 413; 22 Fla. L. Weekly Fed. S 408; 78 U.S.L.W. 4491; 176 L. Ed. 2d 1131; 130 S. Ct. 2323; 2010 U.S. LEXIS 4380
- **Precedential status:** Published
- **Opinion:** Concurrence by Kennedy
- **Judges:** Alito, Breyer, Ginsburg, Kennedy, Roberts, Scalia, Sotomayor, Stevens, Thomas
- **Cited by:** 200 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6680920

## How later opinions describe it (automated extraction)

- explaining that “if the Ohio scheme is in- deed unconstitutional, surely the Ohio courts are better posi- tioned to determine—unless and until the Ohio legislature weighs in—how to comply with the mandate of equal treat- ment”
- recognizing that “[pjlaintiffs need not demonstrate that there is a ‘guarantee’ that their injuries will be redressed by a favorable decision” but “only that a favorable decision is likely to redress” their injuries
- noting that an adequate legal remedy “must be one cognizable in federal court ” (internal quotation marks omitted)
- holding that comity required plaintiffs’ claim to proceed originally in state court where plaintiffs alleged “discriminatory taxation in violation of the Commerce and Equal Protection Clauses”

## Opinion text

SEPARATE OPINIONS
Justice Kennedy,
concurring.
The Court’s rationale in Hibbs v. Winn, 542 U.S. 88 , 124 S. Ct. 2276 , 159 L. Ed. 2d 172 (2004), seems to me still doubtful. Nothing in the Court’s opinion today expands Hibbs’ holding further, however, and on that understanding I join the opinion of the Court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6680920. Public record. Not legal advice.