Abraham v. Hodges

MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND ENTERING PERMANENT INJUNCTION AGAINST GOVERNOR HODGES

CURRIE, District Judge.

INTRODUCTION

This case presents a question which can be easily resolved by reference to a rather well known decision issued by the United States Supreme Court in 1819: McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316, 4 L.Ed. 579 (1819). 1 In that case, the Supreme Court addressed what is generally referred to as the “Supremacy Clause” of the United States Constitution (art. VI, § 2), which establishes the relationship between the states and…