If you've forgotten from your con law class that the Constitution contains a clause barring states from imposing "any duty of tonnage" without congressional consent, Justice Stephen Breyer forgives you. Breyer announced the ruling this morning in Polar Tankers Inc. v. City of Valdez, which is all about the clause -- a part of Article 1, Section 10 that was apparently aimed at keeping states with convenient ports from gaining an unfair advantage over non-port states by taxing ships according to tonnage.
It may seem like a straightforward clause, but it divided the justices because they could not agree whether the tax in question imposed by Valdez was a tonnage duty or a sort of property tax that was not pegged to tonnage. The bottom line in the 7-2 ruling was that the tax was declared unconstitutional. As he read the decision, Breyer's tone was almost sheepish, as if he did not want to bore the spectators in the Court. At the end, Breyer told the audience, "You know now more about the tonnage clause than many."
As obscure as the ruling might be, it was a win for Mayer Brown special counsel Charles Rothfeld who represented Polar Tankers, which challenged the law. On the losing end was Theodore Olson of Gibson, Dunn & Crutcher.
Breyer also announced a unanimous decision in Nijwahan v. Holder, an interpretation of a federal immigration law that calls for deportation of aliens convicted of an "aggravated felony" in which the loss to victims exceeds $10,000. In deciding whether that threshold is met, Breyer said the immigration judge can look beyond the thresholds contained in the law the alien has violated, and consider the circumstances of the crime.
With 14 more cases to decide before the end of the term, the justices will return to the bench on Thursday and next Monday at the very least. It is possible the Court will add another decision day next week, in addition to Monday. Monday June 29 is also a scheduled decision day, which may or may not be needed depending on how many rulings are issued this week and next.
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