Reeves, Inc. v. Stake

Reeves, Inc. v. Stake
Supreme Court of the United States
Argued April 16, 1980
Decided June 19, 1980
Full case nameReeves, Inc. v. Stake, et al.
Citations447 U.S. 429 (more)
100 S. Ct. 2271; 65 L. Ed. 2d 244; 1980 U.S. LEXIS 40
Case history
PriorCertiorari to the United States Court of Appeals for the Eighth Circuit
Holding
South Dakota's preferential treatment of South Dakota residents in its sale of state-produced cement is not a violation of the negative commerce clause.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr. · Potter Stewart
Byron White · Thurgood Marshall
Harry Blackmun · Lewis F. Powell Jr.
William Rehnquist · John P. Stevens
Case opinions
MajorityBlackmun, joined by Burger, Stewart, Marshall, Rehnquist
DissentPowell, joined by Brennan, White, Stevens

Reeves, Inc. v. Stake, 447 U.S. 429 (1980), was a United States Supreme Court case in which the Court held that individual states, when acting as producers or suppliers rather than as market regulators, may discriminate preferentially against out-of-state residents.[1][2] This "market participant" doctrine is an exception to the so-called negative commerce clause, which ordinarily deems state regulations invalid where they discriminate against interstate commerce in favor of intrastate commerce for the purpose of economic protectionism.

  1. ^ Reeves, Inc. v. Stake, 447 U.S. 429 (1980).
  2. ^ Russell Korobkin, The Local Politics of Acid Rain: Public Versus Private Decisionmaking and the Dormant Commerce Clause in a New Era of Environmental Law, 75 B.U. L. Rev. 689 (1995).