The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Tuesday, November 4, 1980
Decision: Tuesday, March 24, 1981
Issues: Economic Activity, State Regulation of Business
Categories: commerce clause

Advocates

John H. Lederer (on behalf of the Appellee)
Mark E. Schantz (on behalf of the Appellants)

Facts of the Case

An Iowa law restricted the length of vehicles traveling on its highways. Iowa justified the law as a reasonable use of its police power to assure safety on the state's roads.

Question

Did the law pose an unconstitutional burden on interstate commerce?

Conclusion

The Court held that the law violated the Commerce Clause for two reasons. First, Iowa could not prove that the vehicles it targeted posed potential danger to highway travelers. The safety interest was "illusory." Second, the law was "out of step with the laws of all other Midwestern and Western States" which did not have similar regulations. This placed significant burdens on the flow of interstate commerce

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 6 votes for Consolidated Freightways Corp. of DL, 3 vote(s) against
Legal Provision: Article 1, Section 8, Paragraph 3: Interstate Commerce Clause
Voted with the minority, joined Rehnquist's dissent
Burger
Wrote a special concurrence
Brennan
Voted with the minority, joined Rehnquist's dissent
Stewart
Voted with the majority
White
Voted with the majority, joined Brennan's concurrence
Marshall
Voted with the majority
Blackmun
Wrote the judgment of the Court
Powell
Wrote a dissent
Rehnquist
Voted with the majority
Stevens
Judgment of the Court by Justice Lewis F. Powell, Jr.

Cite this page

The Oyez Project, Kassell v. Consolidated Freightways Corp. of DL, 450 U.S. 662 (1981),
available at: <http://www.oyez.org/cases/1980-1989/1980/1980_79_1320/>
(last visited ).