K. S. B. Technical Sales Corp. and Linda Fazio, Plaintiffs - Respondents - Cross - Appellants v. North Jersey…

Summary

The Supreme Court of New Jersey held that New Jersey’s Buy American statutes are constitutional: they are not preempted by the GATT treaty, do not intrude on the federal foreign‑affairs power, and do not violate the Commerce Clause because the Commission’s purchases are governmental in purpose and not for commercial resale. Accordingly the Court reversed the Appellate Division’s ruling that the bids were void and ordered the Commission to proceed with the original bids containing the Buy American provision.