Date: June 21st, 2018 2:33 PM
Author: slap-happy heady tanning salon
JUSTICE THOMAS, concurring.
Justice Byron White joined the majority opinion in
National Bellas Hess, Inc. v. Department of Revenue of Ill.,
386 U. S. 753 (1967). Twenty-five years later, we had the
opportunity to overrule Bellas Hess in Quill Corp. v. North
Dakota, 504 U. S. 298 (1992). Only Justice White voted to
do so. See id., at 322 (opinion concurring in part and
dissenting in part). I should have joined his opinion.
Today, I am slightly further removed from Quill than
Justice White was from Bellas Hess. And like Justice
White, a quarter century of experience has convinced me
that Bellas Hess and Quill “can no longer be rationally
justified.” 504 U. S., at 333. The same is true for this
Court’s entire negative Commerce Clause jurisprudence.
See Comptroller of Treasury of Md. v. Wynne, 575 U. S.
___, ___ (2015) (THOMAS, J., dissenting) (slip op., at 1).
Although I adhered to that jurisprudence in Quill, it is
never too late to “surrende[r] former views to a better
considered position.” McGrath v. Kristensen, 340 U. S.
162, 178 (1950) (Jackson, J., concurring). I therefore join
the Court’s opinion.
(http://www.autoadmit.com/thread.php?thread_id=4007333&forum_id=2#36285332)