Dormant Commerce Clause, Cuno v. Daimler Chrsyler

[A18]

Cuno v. Daimler Chrsyler, 386 F.3d 738 (6th Cir. 2004)

The U.S. Court of Appeals for the Sixth Circuit held that Ohio's franchise tax credit for additional manufacturing investment made by in-state firms was unconstitutional. Ohio's argument that the policy benefited in-state investment instead of penalizing out-of-state investment was rejected.

If the Supreme Court takes this case, should the Court of Appeals be affirmed or reversed?

[Emsworth]

The decision should be reversed. The commerce clause is a grant of power to Congress, not an anti-discrimination provision that binds the states.