Legal Opinion

Levin v. Commerce Energy, Inc.

Supreme Court of the United States

Decided June 1, 2010No. 09-223PublishedCited by 202 opinions

1Opinion of the Court 1

OPINION OF THE COURT

[560 U.S. 417]

2Opinion of the Court · GinsburgJustice Ginsburg

This case presents the question whether a federal district court may entertain a complaint of allegedly discriminatory state taxation, framed as a request to increase a commercial competitor’s tax burden. Relevant to our inquiry is the Tax Injunction Act (TIA or Act), [1] 28 U.S.C. § 1341, which prohibits lower federal courts from restraining “the assessment, levy or collection of any tax under State law where a plain, speedy and efficient remedy may be had in the courts of such State.” More embracive than the TIA, the comity doctrine applicable in state…

3Cases cited53 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Younger v. HarrisSupreme Court of the United States · 1971
  3. Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
  4. Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
  5. Loving v. VirginiaSupreme Court of the United States · 1967

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4Cited by202 opinions

  1. Maracich v. SpearsSupreme Court of the United States · 2013
  2. Sessions v. Morales-SantanaSupreme Court of the United States · 2017
  3. Dorce v. City of New YorkCourt of Appeals for the Second Circuit · 2021
  4. Herrera v. WyomingSupreme Court of the United States · 2019
  5. Raymond Heyde v. Gary PittengerCourt of Appeals for the Seventh Circuit · 2011

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