The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Monday, March 24, 1986
Decision: Tuesday, June 24, 1986
Issues: Economic Activity, State Regulation of Business

Advocates

E. Paul Eggert (Argued the cause for appellee Taylor)
Jerrold J. Ganzfried (Argued the cause for the United States, as appellee under the Court's Rule 10.4, in support of appellant)
Cabanne Howard (Argued the cause for the appellant)

Facts of the Case

In order to protect its fisheries from parasites and non-native species, the state of Maine prohibited the importation of live baitfish. Robert J. Taylor, the owner of a bait business, violated the law and was prosecuted by Maine authorities.

Question

Did the Maine law unconstitutionally burden interstate commerce, violating the Commerce Clause?

Conclusion

No. In an 8-to-1 decision, the Court held that the limitation imposed by the Commerce Clause on state regulatory power was not absolute and that the States "retain[ed] authority under their general police powers to regulate matters of 'legitimate local concern.'" The Court found that Maine's ban on the importation oflive baitfish served a legitimate local purpose that could not adequately be served by available nondiscriminatory alternatives. The Court argued that the ban was not a simple case of "arbitrary discrimination against interstate commerce."

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 8 votes for Maine, 1 vote(s) against
Legal Provision: Article 1, Section 8, Paragraph 3: Interstate Commerce Clause
Voted with the majority
Burger
Voted with the majority
Brennan
Voted with the majority
White
Voted with the majority
Marshall
Wrote the majority opinion
Blackmun
Voted with the majority
Powell
Voted with the majority
Rehnquist
Wrote a dissent
Stevens
Voted with the majority
O'Connor
Full Opinion by Justice Harry A. Blackmun

Cite this page

The Oyez Project, Maine v. Taylor, 477 U.S. 131 (1986),
available at: <http://www.oyez.org/cases/1980-1989/1985/1985_85_62/>
(last visited ).