Hughes v. Alexandria Scrap Corp.

Mr. Justice Brennan,

with whom Mr. Justice White and Mr. Justice Marshall join, dissenting.

The Court continues its reinterpretation of the Commerce Clause and its repudiation of established principles guiding judicial analysis thereunder — in this case shifting its focus from congressional power arising under the Commerce Clause, see National League of Cities v. Usery, post, p. 833, to the role of this Court in considering the constitutionality of state action claimed impermissibly to burden interstate commerce. Principles of legal analysis heretofore employed in our cases considering claims…