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Case Details

Case: Kentucky Dept. of Revenue, et al. v. Davis, George, et ux.
Subject(s): Dormant commerce clause, interstate commerce, municipal bonds, taxes
Appealed from: Kentucky Court of Appeals (Jan. 6, 2006)

Docket No: 06-0666
Decision Rendered: No
Decision: None

Question(s) presented: Whether states may provide a tax break for their own state and local debt issues while taxing those issued beyond its borders

Holding of appellate court: The Kentucky Court of Appeals reversed the lower court and struck down the tax policy. The Court of Appeals held that the tax discrimination rather than the bond issuance was at issue, and the taxation was indisputably undertaken in the state's capacity as a regulator. The court concluded that the Commerce Clause was incompatible with such a discriminatory state policy.

Date of Oral Arguments Your Prediction Your Prediction by Justice Update
Affirm Reverse Vacate Justice Affirm Reverse Vacate
Nov 05, 2007 Alito
Breyer
Ginsburg
Kennedy
Roberts
Scalia
Souter
Stevens
Thomas