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UNITED STATES v. CALIFORNIA

No. 91-2003.

507 U.S. 746 (1993)

113 S.Ct. 1784

123 L.Ed.2d 528

UNITED STATES v. CALIFORNIA et al.

Supreme Court of United States.

Decided April 26, 1993.

Attorney(s) appearing for the Case

Kent L. Jones argued the cause for the United States. With him on the briefs were Solicitor General Starr, Acting Solicitor General Bryson, Acting Assistant Attorney General Bruton, Deputy Solicitor General Wallace, David English Carmack, and John J. McCarthy.

Robert D. Milam, Deputy Attorney General of California, argued the cause for respondents. With him on the brief were Daniel E. Lungren, Attorney General, and Timothy G. Laddish, Assistant Attorney General.*

O'Connor, J., delivered the opinion for a unanimous Court.

Justice O'Connor, delivered the opinion of the Court.

This is another in the long line of cases, beginning with McCulloch v. Maryland, 4 Wheat. 316 (1819), in which the Federal Government asks this Court for relief from what it considers illegal state taxes. Unlike the typical tax immunity case, however, we are not presented with a claim that the state tax is unconstitutional; instead, the question is whether...

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