Kassel V. Consolidated Freightways Corp. - Plurality Opinion

Plurality Opinion

Justice Powell wrote the plurality opinion, in which Justices White, Blackmun, and Stevens joined. He analogized the case to Raymond Motor Transportation, Inc. v. Rice, 434 U.S. 429 (1978), which concerned a similar law in the State of Wisconsin. In Rice, the Court used a balancing test which compares the nature of the State’s regulatory concern with the extent of the burden to interstate commerce. Powell found this law to be a great burden on interstate commerce with only an “illusory” safety interest.

Powell reexamined the evidence on the record and determined that the State failed to meet its burden of proof to show that there was any statistically significant difference in safety between the 55-foot and 65-foot trucks. Moreover, the statute could potentially create more accidents, by forcing shippers to use more small trucks to carry the same quantity of goods, or force truck traffic to bypass the State of Iowa, shifting traffic (and a higher incidence of accidents) to adjacent states. Powell further rejected the State’s contention that deference to the state legislature was in order, because the statute created such a burden to out-of-state residents, and the legislative history of the “border-cities” exemption suggested that Iowa’s real purpose in enacting this law was to discriminate against out-of-state businesses.

Read more about this topic:  Kassel V. Consolidated Freightways Corp.

Famous quotes containing the words plurality and/or opinion:

    Nearly all our powerful men in this age of the world are unbelievers; the best of them in doubt and misery; the worst of them in reckless defiance; the plurality in plodding hesitation, doing, as well as they can, what practical work lies ready to their hands.
    John Ruskin (1819–1900)

    BOSWELL. But what do you think of supporting a cause which you know to be bad? JOHNSON. “Sir, you do not know it to be good or bad till the Judge determines it.... It is his business to judge; and you are not to be confident in your own opinion that the cause is bad, but to say all you can for your client, and then hear the Judge’s opinion.
    Samuel Johnson (1709–1784)