Supreme Court of the United States

Csx Transportation, Inc. v. Alabama Department of Revenue — Thomas, J., Dissenting

February 22, 2011179 L. Ed. 2d 37

Summary

Justice Thomas, dissenting, agrees that Alabama’s sales and use taxes qualify as “another tax” under § 11501(b)(4) and that tax exemptions can make a tax discriminatory, but argues the statute requires railroads to be targeted compared to commercial and industrial taxpayers; he would affirm the dismissal because CSX did not allege such targeting.