Austin v. New Hampshire

420 U.S. 656 · Decided March 19, 1975 · Supreme Court of the United States

At a glance

Austin v. New Hampshire was decided on March 19, 1975 by a vote of 7–1. The Court reversed the lower court's decision. Justice Thurgood Marshall wrote the opinion of the Court. SCDB classifies its main issue as “State or local government tax” in the Economic Activity area. SCDB records that the Court declared a state or territorial law, regulation or constitutional provision unconstitutional.

Read the opinion

• CourtListener (Free Law Project) — opinion text
• Library of Congress — official U.S. Reports scan

Case details

How the Justices voted

Did not participate: William O. Douglas.

Full case caption

Austin et al. v. New Hampshire et al.

SCDB identifiers: case 1974-071, docket 1974-071-01.

Related decisions

Other cases on “State or local government tax”

• Colonial Pipeline Co. v. Traigle
  421 U.S. 100Decided April 28, 19757–1William J. Brennan Jr.
• Gurley v. Rhoden
  421 U.S. 200Decided May 12, 19758–0William J. Brennan Jr.
• Standard Pressed Steel Co. v. Department of Revenue of Washington
  419 U.S. 560Decided January 22, 19759–0William O. Douglas
• City of Pittsburgh v. Alco Parking Corp.
  417 U.S. 369Decided June 10, 19749–0Byron R. White
• Michelin Tire Corp. v. WagesAltered precedent
  423 U.S. 276Decided January 14, 19768–0William J. Brennan Jr.
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  417 U.S. 62Decided May 20, 19749–0Potter Stewart

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Cases on the same legal provision: Article IV, Section 2, Paragraph 1 (privileges and immunities clause)

• Baldwin v. Fish and Game Commission of Montana
  436 U.S. 371Decided May 23, 19786–3Harry A. Blackmun
• Terk v. Gordon
  436 U.S. 850Decided June 12, 19789–0Per curiam
• Jones v. Helms
  452 U.S. 412Decided June 15, 19819–0John Paul Stevens
• United Building & Construction Trades Council of Camden County and Vicinity v. Mayor and Council of the City of Camden
  465 U.S. 208Decided February 21, 19848–1William H. Rehnquist
• Supreme Court of New Hampshire v. PiperLaw held unconstitutional
  470 U.S. 274Decided March 4, 19858–1Lewis F. Powell Jr.
• Supreme Court of Virginia v. FriedmanLaw held unconstitutional
  487 U.S. 59Decided June 20, 19887–2Anthony M. Kennedy

Same Term, same area (Economic Activity)

• Gulf Oil Corp. v. Copp Paving Co., Inc.
  419 U.S. 186Decided December 16, 19747–2Lewis F. Powell Jr.
• Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.
  419 U.S. 281Decided December 23, 19749–0William O. Douglas
• Kelley v. Southern Pacific Co.
  419 U.S. 318Decided December 23, 19746–3Thurgood Marshall
• Standard Pressed Steel Co. v. Department of Revenue of Washington
  419 U.S. 560Decided January 22, 19759–0William O. Douglas
• Train v. City of New York
  420 U.S. 35Decided February 18, 19759–0Byron R. White
• Train v. Campaign Clean Water, Inc.
  420 U.S. 136Decided February 18, 19759–0Per curiam

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Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error