Legal Opinion

Pacific Merchant Shipping Assn. v. Voss

California Supreme Court

Decided December 29, 1995No. S044869PublishedCited by 10 opinions

1Opinion of the Court

Opinion

MOSK, J.

In this appeal we consider whether two statutes and a regulation authorizing the California Department of Food and Agriculture to levy an inspection fee on ships carrying agricultural goods into California from foreign countries (Food & Agr. Code, §§ 5352 & 5353, subd. (b); Cal. Code Regs., tit. 3, § 3560, subd. (b)), when no such fee is levied on carriers bringing such goods into California from other states, unjustifiably discriminate on their face against foreign commerce in violation of the negative aspect of the foreign commerce clause of the United States Constitution.…

2Cases cited29 opinions

  1. Gibbons v. OgdenSupreme Court of the United States · 1824
  2. Complete Auto Transit, Inc. v. BradySupreme Court of the United States · 1977
  3. Maryland v. LouisianaSupreme Court of the United States · 1981
  4. City of Philadelphia v. New JerseySupreme Court of the United States · 1978
  5. Brown v. MarylandSupreme Court of the United States · 1827

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3Cited by10 opinions

  1. Children's Hospital & Medical Center v. BontaCalifornia Court of Appeal · 2002
  2. County Sanitation District No. 2 v. County of KernCalifornia Court of Appeal · 2005
  3. Excelsior College v. Board of Registered NursingCalifornia Court of Appeal · 2006
  4. Jordan v. Department of Motor VehiclesCalifornia Court of Appeal · 1999
  5. Eder v. Department of Fish & GameCalifornia Court of Appeal · 2009

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