SOUTH CENTRAL BELL TELEPHONE CO. V. ALABAMA

SOUTH CENTRAL BELL TELEPHONE CO. V. ALABAMA (97-2045)
711 So. 2d 1005, reversed and remanded.
Syllabus	Opinion [ Breyer ]	Concurrence [ O'Connor ]	Concurrence [ Thomas ]
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O'Connor, J., concurring

SUPREME COURT OF THE UNITED STATES

No. 97—2045

SOUTH CENTRAL BELL TELEPHONE COMPANY,
et al., PETITIONERS v. ALABAMA et al.

ON WRIT OF CERTIORARI TO THE SUPREME COURT
OF ALABAMA

[March 23, 1999]

Justice O’Connor, concurring.

I join the opinion of the Court, and I agree that the State’s failure to properly raise its challenge to our negative Commerce Clause jurisprudence supports a decision not to pass on the merits of this claim. Ante, at 10. I further note, however, that the State does nothing that would persuade me to reconsider or abandon our well-established body of negative Commerce Clause jurisprudence.

SOUTH CENTRAL BELL TELEPHONE COMPANY,et al., PETITIONERS v. ALABAMA et al.

ON WRIT OF CERTIORARI TO THE SUPREME COURTOF ALABAMA

SOUTH CENTRAL BELL TELEPHONE COMPANY,
et al., PETITIONERS v. ALABAMA et al.

ON WRIT OF CERTIORARI TO THE SUPREME COURT
OF ALABAMA