PHILADELPHIA v. NEW JERSEY

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Case Basics
Docket No. 
77-404
Petitioner 
New Jersey
Respondent 
Philadelphia
Advocates
(Argued the cause for the appellants)
(Argued the cause for the appellees)
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Facts of the Case 

A New Jersey law prohibited the importation of most "solid or liquid waste which originated or was collected outside the territorial limits of the State."

Question 

Did New Jersey's waste importation law violate the Commerce Clause?

Conclusion 
Decision: 7 votes for Philadelphia, 2 vote(s) against
Legal provision: Article 1, Section 8, Paragraph 3: Interstate Commerce Clause

Yes. The Court held that the law violated the principle of nondiscrimination as it treated out-of-state waste differently than waste produced within the state. Since New Jersey could not demonstrate a legitimate reason for distinguishing between foreign and domestically produced waste, it was clear to the Court that the state had "overtly moved to slow or freeze the flow of commerce for protectionist reasons."

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PHILADELPHIA v. NEW JERSEY. The Oyez Project at IIT Chicago-Kent College of Law. 11 August 2014. <http://www.oyez.org/cases/1970-1979/1977/1977_77_404>.
PHILADELPHIA v. NEW JERSEY, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1970-1979/1977/1977_77_404 (last visited August 11, 2014).
"PHILADELPHIA v. NEW JERSEY," The Oyez Project at IIT Chicago-Kent College of Law, accessed August 11, 2014, http://www.oyez.org/cases/1970-1979/1977/1977_77_404.