Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

CSX Transportation, Inc. v. Alabama Department of Revenue

Docket No. Op. Below Argument Opinion Vote Author Term
09-520 11th Cir. Nov 10, 2010
Tr.Aud.
Feb 22, 2011 7-2 Kagan OT 2010

Holding: The railroad can challenge Alabama's sales and use taxes, which are imposed on railroads but not their main competitors, as discriminatory under the Railroad Revitalization and Regulatory Reform Act of 1976.

Plain English Holding: A railroad can challenge Alabama's sales and use taxes, which are imposed on railroads but not their main competitors, as discriminatory under the Railroad Revitalization and Regulatory Reform Act of 1976.

Judgment: Reversed and remanded, 7-2, in an opinion by Justice Elena Kagan on February 22, 2011. Justice Thomas filed a dissenting opinion, which was joined by Justice Ginsburg.

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