Supreme Court of the United States

Hillside Dairy Inc. v. Lyons

June 9, 2003539 U.S. 59

Summary

The Court vacated the Ninth Circuit’s affirmance of dismissal and remanded the cases. It held that 7 U.S.C. § 7254 does not clearly exempt California’s milk pricing laws from Commerce Clause scrutiny, and that individual petitioners’ Privileges and Immunities Clause claim is not foreclosed by the absence of facial discrimination. Justice Thomas concurred in part and dissented in part, rejecting the negative Commerce Clause doctrine.