Philadelphia Vs New Jersey Case Study

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Philadelphia v. New Jersey, 437 U.S. 617, 98 S. Ct. 2531, 57 L. Ed. 2d 475 (1978).
STATEMENT OF THE FACTS:
New Jersey passed a law in 1974 that prohibited states from bringing their waste across into their borders and dumping the waste into their landfills. New Jersey’s purpose of the regulation was to protect the quality of their environment. They also did not want to overfill their landfills which would result in an increase of cost when it comes to disposal. Private landfill operators, Philadelphia, and other cities filed a suit against them on the grounds that is was an unconstitutional restriction when it came to interstate commerce. The Supreme Court in New Jersey upheld the statute and the City of Philadelphia appealed the case to the United States Supreme Court.
PROCEDURAL HISTORY:
The New Jersey Supreme Court ruled that the law did advance the environmental and health objectives with no economic discrimination as well as little to no burden on interstate commerce. It was found to be allowed under the Commerce Clause. When the …show more content…
ANALYSIS OF THE MAJORITY OPINION:
With a 7-2 decision, the Supreme Court ruled New Jersey’s statute prohibits importation of waste from outside the State does violate the Commerce Clause. Justice Potter Stewart wrote the majority opinion, but rejected it afterwards. In it, he wrote: "Whatever New Jersey's ultimate purpose, it may not be accomplished by discriminating against articles of commerce coming from outside the State unless there is some reason, apart from their origin, to treat them differently." He argued that the transportation of the waste was not involved with the Commerce Clause because it was “worthless”.
DISSENTNG
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