Opinion

South Carolina v. Baker

  • 485 U.S. 505
  • 108 S. Ct. 1355
  • 99 L. Ed. 2d 592
  • 1988 U.S. LEXIS 1873
Court
Supreme Court of the United States
Filed
Jun 13, 1988
Status
Published
Author
Stevens
On the bench
Brennan, White, Marshall, Blackmun, Stevens, Scalia, Rehnquist, O'Connor, Kennedy
Cited by
206 cases
Authority
More cited than 24.2%

stating that the Supreme Court has “completely foreclosed any claim that the nondiscriminatory imposition of costs on private entities that pass them on to States . . . unconstitutionally burdens state . . . functions”

How later courts described this case

  • stating that the Supreme Court has “completely foreclosed any claim that the nondiscriminatory imposition of costs on private entities that pass them on to States . . . unconstitutionally burdens state . . . functions”
  • holding that a federal law removing a tax exemption from state-issued bonds did not violate Intergovernmental Tax Immunity because the tax was “imposed on and collected from bondholders,” and not from the states
  • stating that the requirement that bearer bonds be registered in order to be eligible for a federal income tax exemption applied to “local governments, the Federal Government, [and] private corporations”
  • stating that "Garcia left open the possibility that some extraordinary defects in the national political process might render congressional regulation of state activities invalid, . . . ."

Written by the judges who cited it.

The opinion

Justice Stevens,

concurring.

Although the Court properly finds support for its holding in Garcia v. San Antonio Metropolitan Transit Authority, *528 469 U. S. 528 (1985), the outcome of this case was equally clear well before that case was decided. See South Carolina v. Regan, 465 U. S. 367, 403-419 (1984) (Stevens, J., concurring in part and dissenting in part). It should be emphasized, however, that neither the Court’s decision today, nor what I have written in the past, expresses any opinion about the wisdom of taxing the interest on bonds issued by state or local governments.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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