Dissenting Opinion
Justice Blackmun was the sole dissenter in the case. He rejected Rehnquist's assertion that discrimination based on municipal residence could not escape scrutiny under the Privileges and Immunities Clause because both in-state and out-of-state citizens could be equally harmed by such protectionist legislation. He also wrote that the Clause was never intended by the Framers of the Constitution to reach this type of discrimination by municipalities. Finally, he believed that out-of-state residents could benefit indirectly from the political action of in-state residents' opposition to such discriminatory measures by municipalities because some states (California and Georgia) had already passed laws prohibiting exactly the type of protectionist ordinances as the one in this case.
Read more about this topic: United Building & Construction Trades Council V. Mayor And Council Of Camden
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