hughes
alexandria
scrap
argued
january
decided
june
part
complex
plan
ridding
state
abandoned
automobiles
maryland
statute
provided
anyone
possession
inoperable
automobile
eight
years
old
hulk
transfer
licensed
scrap
processor
claim
bounty
state
destruction
without
delivery
processor
subsequent
submission
state
documentation
title
statute
amended
require
processor
submit
title
documentation
order
receive
bounty
documentation
requirements
differ
processor
plant
maryland
processor
former
need
submit
indemnity
agreement
unlicensed
hulk
supplier
certifies
right
hulk
agrees
indemnify
processor
claims
arising
destruction
processor
must
submit
either
certificate
title
police
certificate
vesting
title
bill
sale
police
auction
appellee
virginia
processor
participating
maryland
plan
whose
supply
hulks
received
maryland
sources
declined
enactment
amendment
appellee
brought
suit
claiming
amendment
violated
commerce
clause
denied
appellee
equal
protection
laws
district
granted
summary
judgment
appellee
enjoined
maryland
giving
effect
part
amendment
restricts
right
obtain
bounties
based
indemnity
agreements
maryland
processor
held
amendment
constitute
impermissible
burden
interstate
commerce
violation
commerce
clause
pp
maryland
amendment
statute
kind
action
commerce
clause
concerned
maryland
sought
prohibit
interstate
flow
hulks
regulate
conditions
flow
may
occur
rather
entered
market
offering
bounties
bid
price
hulks
impact
interstate
commerce
occurred
amendment
made
lucrative
unlicensed
suppliers
dispose
hulks
maryland
instead
taking
state
pp
nothing
purposes
commerce
clause
forbids
state
entry
market
purchaser
potential
articles
interstate
commerce
state
restricts
trade
citizens
although
practical
effect
amendment
channel
benefits
bounties
domestic
processors
trade
barrier
type
forbidden
commerce
clause
impedes
movement
hulks
state
pp
amendment
deny
appellee
equal
protection
laws
amendment
distinction
domestic
foreign
scrap
processors
complemented
reasonable
assumptions
hulks
delivered
maryland
processors
likely
abandoned
maryland
delivered
processors
likely
abandoned
outside
maryland
bears
rational
relationship
basic
statutory
purpose
using
state
funds
clear
maryland
landscape
abandoned
automobiles
constitution
requires
case
economic
legislation
maryland
might
furthered
underlying
purpose
artfully
directly
completely
warrant
conclusion
method
chose
unconstitutional
pp
powell
delivered
opinion
burger
stewart
blackmun
rehnquist
stevens
joined
stevens
filed
concurring
opinion
post
brennan
filed
dissenting
opinion
white
marshall
joined
post
henry
lord
deputy
attorney
general
maryland
argued
cause
appellants
briefs
francis
burch
attorney
general
michael
mcwilliams
glenn
bushel
assistant
attorneys
general
norman
ramsey
argued
cause
appellee
brief
thomas
howell
alan
gamse
justice
powell
delivered
opinion
case
involves
constitutional
attack
recent
amendment
one
part
complex
maryland
plan
ridding
state
abandoned
automobiles
district
agreed
appellee
virginia
scrap
processor
participates
plan
amendment
violated
commerce
clause
denied
appellee
equal
protection
laws
disagree
points
session
maryland
legislature
commissioned
study
suggest
way
deal
growing
aesthetic
problem
abandoned
automobiles
study
concluded
root
problem
existence
bottlenecks
scrap
cycle
course
vehicle
follows
abandonment
processing
scrap
metal
ultimate
steel
mills
session
legislature
responded
enacting
comprehensive
statute
designed
speed
scrap
cycle
using
state
money
carrot
stick
statute
intricate
provisions
relevant
case
may
sketched
briefly
legislative
study
found
one
bottlenecks
occurred
junkyards
wrecking
companies
tended
accumulate
vehicles
resale
value
spare
parts
statute
stick
designed
clear
bottleneck
requirement
maryland
wrecker
desiring
keep
abandoned
vehicles
premises
must
obtain
license
pay
recurring
fine
vehicle
specified
age
retained
year
study
identified
another
cause
sluggishness
scrap
cycle
low
profits
earned
wreckers
others
delivering
vehicles
scrap
processors
carrot
written
statute
remedy
problem
bounty
paid
state
destruction
processor
licensed
statute
vehicle
formerly
titled
maryland
wrecker
licensed
statute
stockpile
vehicles
delivers
one
scrapping
shares
bounty
equally
processor
processor
receives
entire
bounty
destroys
vehicle
supplied
someone
licensed
wrecker
penalty
bounty
provisions
work
elementary
laws
economics
speed
scrap
cycle
penalty
retention
vehicles
plus
prospect
sharing
bounty
work
tandem
encourage
licensed
wreckers
move
vehicles
processors
bounties
processors
vehicles
unlicensed
suppliers
also
encourage
suppliers
deliver
processors
processors
able
pay
higher
normal
market
prices
sharing
bounties
penalty
bounty
provisions
however
remove
another
impediment
smooth
functioning
scrap
cycle
legal
rather
economic
origin
possibility
suits
conversion
processor
owners
might
claim
abandoned
vehicles
meet
problem
statute
specified
several
documents
processor
prove
clear
title
vehicle
required
processor
obtain
one
documents
supplier
submit
state
condition
receiving
bounty
one
documents
called
wrecker
certificate
given
wrecker
licensed
statute
essentially
clear
title
wrecker
secures
following
statutory
notice
procedures
time
first
obtains
vehicle
suppliers
licensed
wreckers
must
provide
document
either
properly
endorsed
certificate
title
certificate
police
department
vesting
title
supplier
statutory
notices
bill
sale
police
auction
documentation
requirements
although
vital
protection
processors
slight
encumbrance
upon
free
transfer
abandoned
vehicles
processors
apparently
recognition
fact
reduced
potential
owners
claims
case
ancient
automobiles
statute
placed
vehicles
eight
years
old
inoperable
hulks
special
category
section
statute
originally
enacted
provided
substance
anyone
possession
hulk
transfer
scrap
processor
processor
claim
bounty
destruction
without
delivery
processor
subsequent
submission
state
documentation
title
statute
extends
burdens
fines
benefits
form
share
bounties
wreckers
maintain
junkyards
located
maryland
requires
license
wreckers
similar
residency
requirement
scrap
processors
wish
obtain
license
participate
bounty
program
fact
seven
scrap
processors
participated
located
either
pennsylvania
virginia
appellee
virginia
corporation
processing
plant
near
potomac
river
alexandria
original
licensee
maryland
statute
presumably
proximity
southern
maryland
washington
areas
appellee
attracted
enough
vehicles
plant
rank
third
among
licensed
processors
receipt
bounties
summer
apparently
case
licensed
processors
virtually
vehicles
processed
appellee
period
hulks
upon
appellee
demand
title
documentation
suppliers
order
later
receive
bounty
summer
however
maryland
changed
significantly
treatment
hulks
amending
law
amended
longer
possible
licensed
scrap
processor
receive
bounty
hulk
without
submitting
title
documentation
state
documentation
required
processor
whose
plant
maryland
differs
required
processor
like
appellee
whose
plant
maryland
former
need
submit
simple
document
person
delivered
hulk
certified
right
agreed
indemnify
processor
claims
arising
destruction
hulk
processors
long
required
indemnity
agreements
hulk
suppliers
matter
industry
practice
effect
amendment
give
agreements
legal
recognition
require
one
maryland
processor
applies
bounty
hulk
processor
however
submit
simple
indemnity
agreement
receipt
bounty
hulk
depends
upon
documentation
specified
abandoned
vehicles
general
certificate
title
police
certificate
vesting
title
bill
sale
police
auction
case
licensed
wreckers
wrecker
certificate
complaint
case
filed
shortly
effective
date
amendment
papers
submitted
district
summary
judgment
indicated
enactment
amendment
followed
precipitate
decline
number
hulks
supplied
appellee
plant
maryland
sources
appellee
attributed
decline
primarily
effect
amendment
upon
decision
unlicensed
suppliers
dispose
hulks
easier
unlicensed
supplier
sign
indemnity
agreement
upon
delivering
hulk
processor
secure
form
title
documentation
maryland
processor
use
indemnity
agreement
obtain
bounty
amendment
gave
maryland
processors
advantage
appellee
processors
competition
hulks
unlicensed
suppliers
hulks
therefore
tend
remain
state
instead
moving
licensed
processors
outside
maryland
appellee
contended
amendment
violated
commerce
clause
interfering
burdening
flow
hulks
across
state
lines
denied
appellee
equal
protection
laws
discriminating
arbitrarily
licensed
processors
located
maryland
right
claim
bounties
hulks
submitting
indemnity
agreements
district
granted
summary
judgment
appellee
claims
enjoined
state
maryland
giving
effect
part
amendment
restricts
right
obtain
bounties
based
indemnity
agreements
maryland
processors
supp
state
appealed
noted
probable
jurisdiction
ii
appellee
relies
commerce
clause
argument
adopted
district
argument
starts
premise
well
established
history
commerce
clause
nation
common
market
state
lines
made
barriers
free
flow
raw
materials
finished
goods
response
economic
laws
supply
demand
see
great
tea
cottrell
appellee
concedes
amendment
maryland
system
operated
conformity
principle
free
competition
among
licensed
processors
maryland
hulks
unlicensed
suppliers
unimpeded
flow
hulks
maryland
appellee
processors
effect
bounty
enhance
value
hulks
thus
make
likely
moved
processing
plants
practical
effect
amendment
however
limit
enhanced
price
available
unlicensed
suppliers
hulks
stayed
inside
maryland
thus
discouraging
suppliers
taking
hulks
state
processing
result
movement
hulks
interstate
commerce
reduced
appellee
contends
effect
amendment
burden
interstate
commerce
permissibility
must
determined
test
pike
bruce
church
stated
extent
burden
tolerated
depend
nature
local
interest
involved
whether
promoted
well
lesser
impact
interstate
activities
see
also
great
tea
cottrell
supra
district
accepted
appellee
analysis
concluded
amendment
failed
pike
test
first
found
amendment
impose
substantial
burdens
upon
free
flow
interstate
commerce
moreover
considered
disadvantage
suffered
processors
particularly
suspect
previous
decisions
noting
avoid
disadvantage
processors
build
new
plants
inside
maryland
carry
business
prior
amendment
pursued
efficiently
outside
state
see
packing
haydel
pike
bruce
church
supra
maryland
principal
argument
support
amendment
making
difficult
processors
claim
bounties
hulks
delivered
unlicensed
suppliers
amendment
tends
reduce
amount
state
funds
paid
destruction
hulks
abandoned
processors
located
instead
maryland
district
acknowledged
validity
interest
considered
means
employed
inappropriate
pike
interest
furthered
less
impact
upon
interstate
commerce
amending
statute
condition
bounty
upon
hulk
abandonment
maryland
instead
previous
titling
line
reasoning
without
force
basic
premise
accepted
premise
every
action
state
effect
reducing
manner
flow
goods
interstate
commerce
potentially
impermissible
burden
persuaded
maryland
action
amending
statute
kind
action
commerce
clause
concerned
situation
presented
statute
amendment
quite
unlike
found
cases
upon
appellee
relies
recent
cases
pike
bruce
church
supra
burden
found
imposed
arizona
requirement
fresh
fruit
grown
state
packed
shipment
interstate
requirement
prohibited
interstate
shipment
fruit
bulk
matter
market
demand
shipments
hood
sons
du
mond
new
york
official
denied
license
milk
distributor
wanted
open
new
plant
receive
raw
milk
new
york
farmers
immediate
shipment
boston
denial
blocked
potential
increase
interstate
movement
raw
milk
appellee
also
relies
upon
toomer
witsell
found
interstate
commerce
raw
shrimp
burdened
south
carolina
requirement
shrimp
boats
fishing
coast
dock
south
carolina
pack
pay
taxes
catches
transporting
interstate
requirement
increased
cost
shipping
shrimp
interstate
packing
haydel
louisiana
statute
forbade
export
louisiana
shrimp
shelled
beheaded
thus
impeding
natural
flow
freshly
caught
shrimp
canners
shafer
farmers
grain
lemke
farmers
grain
involved
efforts
north
dakota
regulate
thus
disrupt
interstate
market
grain
imposing
burdensome
regulations
upon
controlling
profit
margin
corporations
purchased
grain
state
shipment
sale
outside
state
pennsylvania
west
virginia
found
burden
upon
established
interstate
commerce
natural
gas
new
west
virginia
statute
required
domestic
producers
supply
domestic
needs
piping
surplus
common
thread
cases
state
interfered
natural
functioning
interstate
market
either
prohibition
burdensome
regulation
contrast
maryland
sought
prohibit
flow
hulks
regulate
conditions
may
occur
instead
entered
market
bid
price
impact
upon
interstate
flow
hulks
since
amendment
maryland
effectively
made
lucrative
unlicensed
suppliers
dispose
hulks
maryland
rather
take
outside
state
appellee
recognizes
situation
presented
case
without
precedent
argues
amendment
nevertheless
must
subjected
scrutiny
state
actions
earlier
cases
hat
controlling
means
maryland
chosen
discriminate
practical
effect
discrimination
upon
interstate
commerce
brief
appellee
short
appellee
urges
alleged
burden
upon
interstate
commerce
amendment
immunized
novelty
ibid
believe
however
novelty
case
presentation
new
form
burden
upon
commerce
appellee
characterize
maryland
action
burden
commerce
clause
intended
make
suspect
clause
designed
part
prevent
trade
barriers
undermined
efforts
fledgling
form
cohesive
whole
following
victory
revolution
aspect
clause
purpose
eloquently
expressed
justice
jackson
system
fostered
commerce
clause
every
farmer
every
craftsman
shall
encouraged
produce
certainty
free
access
every
market
nation
home
embargoes
withhold
exports
foreign
state
customs
duties
regulations
exclude
likewise
every
consumer
may
look
free
competition
every
producing
area
nation
protect
exploitation
vision
founders
doctrine
given
reality
hood
sons
du
mond
supra
believe
commerce
clause
intended
require
independent
justification
action
maryland
entered
market
purpose
agreed
commendable
well
legitimate
protecting
state
environment
means
furthering
purpose
elected
payment
state
funds
form
bounties
encourage
removal
automobile
hulks
maryland
streets
junkyards
true
state
money
initially
made
available
licensed
processors
well
located
within
maryland
amendment
financial
benefit
channeled
practical
effect
domestic
processors
chronology
distinguish
case
commerce
clause
purposes
one
state
offered
bounties
domestic
processors
start
regardless
state
largesse
first
confined
domestic
processors
effect
upon
flow
hulks
resting
within
state
tend
processed
inside
state
rather
flowing
foreign
processors
trade
barrier
type
forbidden
commerce
clause
involved
previous
cases
impedes
movement
state
remain
within
maryland
response
market
forces
including
exerted
money
state
nothing
purposes
animating
commerce
clause
prohibits
state
absence
congressional
action
participating
market
exercising
right
favor
citizens
others
iii
district
also
found
amendment
violative
equal
protection
clause
appellee
supports
holding
contending
difference
operations
foreign
domestic
processors
justifies
denying
former
right
use
indemnity
agreements
discriminatory
denial
furthers
legitimate
state
purpose
maryland
licensed
processors
justify
amendment
distinction
basis
difference
manner
operation
maryland
insist
several
state
interests
served
agree
maryland
respect
primary
justification
amendment
thus
find
unnecessary
consider
interests
also
may
furthered
maryland
argues
distinction
domestic
foreign
processors
amendment
related
basic
statutory
purpose
clearing
maryland
landscape
abandoned
automobiles
underlying
argument
complementary
assumptions
hulks
delivered
maryland
processors
likely
abandoned
maryland
delivered
processors
likely
abandoned
outside
maryland
based
upon
assumptions
state
contends
amendment
making
easy
processor
receive
bounties
difficult
processor
tends
ensure
state
limited
resources
targeted
hulks
abandoned
inside
maryland
opposed
contiguous
state
district
rejected
argument
observation
maryland
proffered
scintilla
factual
support
assumption
nonresident
processors
likely
processors
claim
bounties
vehicles
abandoned
outside
maryland
district
demanded
much
maryland
underlying
assumptions
certainly
irrational
terms
likelihood
maryland
legislature
reasonably
assume
hulk
destroyed
processor
likely
abandoned
outside
maryland
hulk
destroyed
maryland
processor
vice
versa
state
compelled
verify
logical
assumptions
statistical
evidence
appellee
contends
alleged
relationship
amendment
statutory
purpose
belied
loophole
statute
remains
even
amendment
loophole
results
fact
statute
conditions
payment
bounty
upon
previous
titling
vehicle
maryland
rather
upon
proof
abandonment
state
thus
even
amendment
processor
remains
free
recover
bounties
hulks
previously
titled
maryland
delivered
abandonment
elsewhere
discriminating
effort
achieve
statutory
purposes
according
appellee
changed
statute
condition
bounty
upon
proof
abandonment
maryland
well
established
however
statutory
classification
impinging
upon
fundamental
interest
especially
one
dealing
economic
matters
need
drawn
fit
precision
legitimate
purposes
animating
williamson
lee
optical
maryland
might
furthered
underlying
purpose
artfully
directly
completely
warrant
conclusion
method
chose
unconstitutional
see
katzenbach
morgan
moreover
statute
present
form
still
allows
payment
bounty
hulk
processor
upon
proper
documentation
title
logic
support
amendment
maryland
processors
likely
processors
destroy
hulks
abandoned
inside
state
suggests
rationality
maryland
discontinuing
bounties
processors
altogether
maryland
prepared
say
forbidden
go
part
way
amendment
practical
effect
distinction
documentation
title
substantially
curtailing
bounty
payments
processors
contend
maryland
taken
straightest
road
goal
either
original
drafting
statute
refinement
introduced
amendment
area
bounty
scheme
operates
equal
protection
clause
demand
surveyor
precision
amendment
bears
rational
relationship
maryland
purpose
using
limited
funds
clean
environment
constitution
requires
see
dandridge
williams
san
antonio
school
dist
rodriguez
mcginnis
royster
hold
district
erred
finding
amendment
invalid
either
commerce
clause
equal
protection
clause
accordingly
judgment
reversed
ordered
footnotes
md
ann
code
art
supp
md
ann
code
art
supp
addition
receiving
vehicles
licensed
wreckers
processors
receive
owners
vehicles
frequently
unlicensed
wreckers
tow
abandoned
wrecked
vehicle
directly
processor
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national
power
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oil
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appellee
virginia
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arm
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pennsylvania
appellee
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statute
appellee
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plants
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processor
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plants
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maryland
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market
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significant
analysis
whether
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newly
created
portion
market
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new
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justice
brennan
justice
white
justice
marshall
join
dissenting
continues
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clause
repudiation
established
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guiding
judicial
analysis
thereunder
case
shifting
focus
congressional
power
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commerce
clause
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national
league
cities
usery
post
role
considering
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state
action
claimed
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legal
analysis
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commerce
clause
south
carolina
hwy
dept
barnwell
southern
pacific
arizona
ex
rel
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hood
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du
mond
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navajo
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bruce
church
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tea
cottrell
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mond
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absolutes
note
appellants
claim
find
market
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metal
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processing
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claim
appellee
maryland
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commerce
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south
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hwy
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barnwell
see
hood
sons
du
mond
best
maxwell
pennsylvania
west
virginia
clearly
aim
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state
labor
residents
baldwin
seelig
certainly
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hood
sons
du
mond
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moreover
particular
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neutralize
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baldwin
seelig
supra
halliburton
oil
well
reily
forcing
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pattern
industry
toomer
witsell
see
packing
haydel
viewed
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statutes
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even
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particular
burden
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virtually
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se
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pike
bruce
church
emphasis
supplied
never
held
protection
state
citizens
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competition
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clearly
legitimate
local
interest
see
hood
sons
supra
baldwin
seelig
supra
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eat
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us
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ind
courts
refused
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garden
state
dairies
vineland
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recent
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harv
rev
hold
consistent
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state
statutes
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within
state
invalid
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reasonable
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dean
milk
madison
see
great
tea
cottrell
pike
bruce
church
supra
polar
ice
cream
creamery
andrews
baldwin
seelig
supra
iii
second
insistence
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case
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commerce
clause
merely
state
sense
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analysis
another
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even
courts
commentators
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facially
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state
purchasing
statutes
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american
yearbook
askew
supp
md
summarily
aff
mcallister
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maryland
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point
even
concludes
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commerce
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maryland
allegedly
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hulks
regulate
conditions
may
occur
ante
emphasis
supplied
conclusion
arguable
best
cases
establish
ne
challenging
validity
state
enactment
commerce
clause
grounds
bound
state
declarations
purpose
may
show
purported
objective
feigned
real
purpose
packing
haydel
see
also
toomer
witsell
buck
kuykendall
importantly
regardless
purity
state
motives
intent
respect
burdening
interstate
commerce
analysis
cease
point
state
may
form
guise
directly
burden
prosecution
interstate
business
baldwin
seelig
see
best
maxwell
different
view
mean
commerce
clause
imposes
limitations
state
action
save
rare
instance
state
artlessly
discloses
avowed
purpose
discriminate
interstate
goods
dean
milk
madison
rather
legitimate
state
regulation
object
local
concern
found
burden
interstate
commerce
beginning
problem
constitutional
law
give
answer
bode
barrett
frankfurter
dissenting
established
principles
dictate
situation
analysis
proceed
follows
statute
regulates
evenhandedly
effectuate
legitimate
local
public
interest
effects
interstate
commerce
incidental
upheld
unless
burden
imposed
commerce
clearly
excessive
relation
putative
local
benefits
legitimate
local
purpose
found
question
becomes
one
degree
extent
burden
tolerated
course
depend
nature
local
interest
involved
whether
promoted
well
lesser
impact
interstate
activities
pike
bruce
church
willson
decision
willson
creek
marsh
pet
begins
wholesome
emphasis
upon
concrete
elements
situation
concerns
state
national
interests
particularities
local
statute
touch
special
aims
scope
fulfillment
difficulties
seeks
adjust
price
kindred
practical
considerations
myriad
manifestations
weighed
determining
fate
state
legislation
impinging
activities
national
commerce
ever
since
marshall
willson
case
set
standard
deciding
controversies
circumstances
case
history
single
quality
differentiates
judges
acuteness
realization
practical
considerations
however
screened
doctrine
underlie
resolution
conflicts
state
national
power
frankfurter
commerce
clause
marshall
taney
waite
may
well
developed
part
iv
infra
limiting
principles
circumstances
case
means
policy
restricting
location
scrap
processing
maryland
truly
regulating
matters
local
concern
respecting
environment
practical
matter
absence
reasonable
nondiscriminatory
alternatives
adequate
conserve
legitimate
local
interests
dean
milk
madison
supra
fails
search
limiting
circumstances
shuts
analysis
merely
form
state
regulation
thus
effectively
immun
izing
state
statutes
requiring
certain
kinds
processing
done
home
state
shipment
sister
state
pike
bruce
church
supra
long
mode
regulation
may
characterized
state
functioning
purchaser
clearly
absolutely
unrestrained
regulation
interstate
markets
long
use
methods
may
fairly
characterized
purchasing
items
artificially
enhancing
price
door
open
set
equivalent
rampart
customs
duties
designed
neutralize
advantages
belonging
place
origin
polar
ice
cream
creamery
andrews
iv
maryland
argues
effective
preclusion
scrap
processors
relevant
portion
bounty
program
required
order
help
ensure
bounty
payments
limited
hulks
abandoned
within
maryland
public
funds
used
effect
aid
clearance
hulks
abandoned
certainly
asserted
interest
legitimate
object
local
concern
since
willson
creek
marsh
pet
recognized
absence
conflicting
legislation
congress
residuum
power
state
make
laws
governing
matters
local
concern
nevertheless
measure
affect
interstate
commerce
even
extent
regulate
southern
pacific
arizona
ex
rel
sullivan
see
huron
cement
detroit
mere
assertion
legitimate
local
interest
served
challenged
regulation
end
matter
exists
infinite
variety
cases
regulation
local
matters
may
also
operate
regulation
commerce
reconciliation
conflicting
claims
state
national
power
attained
appraisal
accommodation
competing
demands
state
national
interests
involved
southern
pacific
arizona
ex
rel
sullivan
supra
resolving
questions
close
cases
necessarily
involved
differences
degree
resolution
depend
slight
differences
fact
hood
sons
du
mond
frankfurter
dissenting
southern
pacific
arizona
ex
rel
sullivan
supra
douglas
dissenting
adequate
record
containing
relevant
factual
material
afford
sure
basis
informed
judgment
required
opinion
record
lacking
instant
case
case
comes
us
summary
judgment
posture
respecting
impact
state
regulation
larger
area
interstate
commerce
record
notes
contains
details
hulk
processing
market
prior
bounty
scheme
ante
similarly
respecting
state
justification
preclusion
processors
ensuring
bounties
paid
hulks
originating
state
record
also
notes
equal
protection
context
contains
evidence
whether
objective
fact
achieved
challenged
action
degree
record
developed
regard
availability
reasonable
nondiscriminatory
alternatives
adequate
conserve
legitimate
local
interest
dean
milk
madison
evidence
record
speculative
best
revealing
neither
statute
administrative
regulations
promulgated
thereunder
limit
bounty
payments
hulks
originating
maryland
protect
hulks
originating
state
processed
processors
bounty
program
nevertheless
adequately
developed
factual
record
might
well
inform
judgment
simple
preclusion
processors
light
transportation
costs
scrap
haulers
haul
maryland
hulks
processors
reasonable
inexpensive
means
ensuring
bounty
payments
made
hulks
originating
state
available
state
circumstances
accordingly
vacate
judgment
remand
development
record
adequate
inform
reasonable
judgment
factual
issues
florida
avocado
growers
paul
hood
sons
du
mond
supra
frankfurter
dissenting
hundred
years
accepted
constitutional
doctrine
commerce
clause
without
aid
congressional
legislation
affords
protection
state
legislation
inimical
national
commerce
cases
congress
acted
state
legislature
commerce
clause
final
arbiter
competing
demands
state
national
interests
southern
pacific
arizona
ex
rel
sullivan
heretofore
adjudication
commerce
clause
invoked
sensitive
judicial
scrutiny
entailing
consideration
facts
circumstances
nature
regulation
function
character
business
involved
actual
effect
flow
commerce
di
santo
pennsylvania
stone
dissenting
see
great
tea
cottrell
however
summarily
affirmed
lower
ruling
effect
distinguished
state
purchases
proprietary
capacity
goods
use
state
burdens
imposed
interstate
commerce
american
yearbook
askew
supp
md
summarily
aff
brennan
white
voting
note
probable
jurisdiction
said
contexts
ike
private
individuals
businesses
government
enjoys
unrestricted
power
produce
supplies
determine
deal
fix
terms
conditions
upon
make
needed
purchases
perkins
lukens
steel
see
also
heim
mccall
atkin
kansas
none
cases
involved
challenges
restrictive
state
purchasing
statutes
commerce
clause
cf
field
barber
asphalt
upheld
face
commerce
clause
challenge
local
governmental
contracts
mandated
purchase
materials
absence
articulated
principle
justifying
summary
conclusion
leads
infer
newly
announced
state
sovereignty
doctrine
national
league
cities
usery
post
also
motivating
rationale
behind
holding
true
disclaims
conclusion
today
respecting
congressional
power
legislate
area
ante
hope
confess
logical
difficulty
however
understanding
instant
state
action
kind
action
commerce
clause
concerned
ante
congressional
power
legislate
area
exposes
one
difficulties
categorical
approach
today
decision
simply
carves
area
state
action
declares
commerce
clause
application
rather
employing
heretofore
accepted
principles
analysis
looking
state
interest
asserted
impact
interstate
commerce
flowing
challenged
action
availability
reasonable
nondiscriminatory
methods
achieving
state
interest
concluding
reasoned
considered
judgment
circumstances
permissibility
action
pike
bruce
church
although
stated
statutes
requiring
business
operations
performed
home
state
efficiently
performed
elsewhere
burdens
commerce
virtually
per
se
illegal
recognized
effect
incidental
consequence
regulatory
scheme
perhaps
tolerated
necessary
achieve
substantial
state
interests
regulating
matters
local
concern
accordingly
even
area
effect
interstate
commerce
recognized
need
traditional
balancing
approach
commerce
clause
analysis
rather
absolutist
approach
employed
today
conclusions
respecting
whether
instant
statutory
discrimination
may
justified
accepted
commerce
clause
principles
see
infra
part
iv
state
simply
refuses
purchase
use
items
processed
state
impact
interstate
commerce
may
crudely
measured
multiplying
value
added
processing
times
number
items
state
purchases
case
however
impact
commerce
restricted
state
effect
requires
value
added
processing
respect
state
environmental
objectives
presumptively
amount
bounty
paid
retained
processors
small
amount
since
record
shows
processors
customarily
pass
largest
portion
bounty
scrap
haulers
added
within
state
also
entire
addition
value
including
occurring
response
market
demand
scrap
metal
qua
metal
done
within
state
words
mode
regulation
opposed
occurs
virtue
restrictions
proprietary
purchases
state
use
maryland
effect
diverting
processing
locations
within
borders
element
value
purchases
arising
response
interstate
demand
scrap
metal
purchase
concurring
opinion
asserts
hypothesis
hypothesis
unsupported
record
see
infra
dealing
business
dependent
availability
subsidy
payments
hat
commerce
said
burdened
never
existed
first
instance
maryland
decided
confine
subsidy
operators
maryland
plants
burden
virginia
processor
caused
nonreceipt
subsidy
regardless
whether
maryland
elects
continue
subsidize
local
plants
ante
respect
however
evidence
legal
arguments
contrary
uncontradicted
affidavit
record
reveals
subsidy
customarily
passed
scrap
hauler
app
inability
processor
pass
subsidy
haulers
rather
simply
lack
subsidization
scrap
processing
alleged
burden
interstate
commerce
diverting
scrap
processing
maryland
complaint
alleges
substantial
portion
plaintiff
business
consists
destruction
processing
vehicles
acquired
interstate
commerce
towers
third
persons
maryland
challenged
amendment
enabl
es
maryland
scrap
processors
provide
financial
inducements
towers
depriving
plaintiff
ability
provide
consequence
plaintiff
placed
severe
competitive
economic
disadvantage
maryland
scrap
processors
arbitrary
diversion
hulks
away
normal
channels
interstate
commerce
appellee
depriv
ed
vital
source
scrap
iron
steel
nonferrous
scrap
normally
moved
interstate
commerce
stipulated
facts
establish
market
value
hulks
heavily
dependent
upon
prices
steel
mills
willing
pay
scrap
metal
turn
influenced
national
international
economic
conditions
result
relatively
fierce
competition
scrap
processors
acquisition
available
hulks
uncontradicted
affidavit
record
asserts
scrap
metal
processing
industry
old
cars
primary
source
plaintiff
raw
materials
trade
hulks
substantial
portion
plaintiff
trade
old
cars
derived
maryland
ability
acquire
eight
year
old
older
hulks
maryland
crucial
importance
conduct
plaintiff
business
market
response
challenged
amendment
disabled
appellee
passing
bounty
haulers
almost
total
abandonment
plaintiff
former
regular
haulers
participating
bounty
program
times
scarcity
old
cars
offering
price
high
competition
among
scrap
processors
available
cars
sharpest
ability
pass
bounty
scrap
haulers
effect
offer
higher
price
without
increasing
cost
raw
material
processor
imparts
distinct
competitive
edge
processors
fully
able
participate
bounty
program
preamble
act
amending
method
scrap
processors
may
obtain
title
sufficient
participation
bounty
program
limiting
practical
method
scrap
processors
located
within
state
declares
act
purpose
protecting
certain
scrap
processors
destroy
certain
abandoned
motor
vehicles
emphasis
original
concurring
opinion
asserts
interstate
market
processing
scrap
metal
allegedly
burdened
maryland
bounty
scheme
amended
previously
small
significant
ante
nothing
record
supports
factual
judgment
appellants
argue
brief
appellants
reply
brief
appellants
noted
supp