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New Energy Co. of Indiana v. Limbach

United States Supreme Court
486 U.S. 269 (1988)


Facts

New Energy Company of Indiana (plaintiff) filed suit in the state courts of Ohio to challenge an Ohio law that awarded tax credits to dealers of automotive fuel for each gallon of ethanol-containing fuel sold, but only if the ethanol was produced in Ohio or in a state that granted reciprocal tax credits. New Energy asserted that the law violated the Commerce Clause of the United States Constitution by discriminating against interstate commerce. The state supreme court initially found the law improperly discriminatory against out-of-state producers, but reversed itself upon rehearing. New Energy petitioned the United States Supreme Court for review.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Scalia, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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