Public Finance Advisory: Supreme Court's Oneida Decision Holds State Law Favoring Public Sector Interests at the Expense of Private Commerce Is Constitutional; Kentucky Muni Case Remains Unresolved
4/30/2007
The U.S. Supreme Court today released its decision in United Haulers v. Oneida-Herkimer Solid Waste Management Authority. As described in our March 22, 2007 advisory, the Court?s decision on the pending petition by the State of Kentucky for review by the Court of the closely watched case of Davis v. Kentucky Dep?t of Revenue of the Finance and Admin. Cabinet, 97 S.W.3d 557 (2006) has been deferred pending the Oneida decision. One can now expect the Court to act soon on the Davis v. Kentucky certiorari petition, and we will provide more extensive analysis when the Court makes that decision. In the meantime, this Mintz Levin Advisory includes a few observations about the Oneida decision.
