Commonwealth Edison Co. v. Montana
453 U.S. 609 · Decided July 2, 1981 · Supreme Court of the United States
At a glance
Commonwealth Edison Co. v. Montana was decided on July 2, 1981 by a vote of 6–3. The Court affirmed 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 codes this decision as formally altering one or more of the Court's own precedents.
Read the opinion
Case details
- Citations
- 453 U.S. 609 · 101 S. Ct. 2946 · 69 L. Ed. 2d 884 · 1981 U.S. LEXIS 43
- Docket number
- 80-581
- Decided
- July 2, 1981
- Argued
- March 30, 1981
- Court era
- Burger Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Affirmed
- Outcome for petitioner
- The petitioning party did not receive a favorable disposition
- Vote
- 6–3
- Majority opinion
- Thurgood Marshall
- Opinion assigned by
- Warren E. Burger
- How the case arrived
- Appeal
- Issue (SCDB)
- State or local government tax
- Issue area
- Economic Activity
- Legal provision
- Article I, Section 8, Paragraph 3 (interstate commerce clause)
- Type of law
- Constitution
- Altered precedent
- Yes — formally altered the Court's precedent
- Decision direction (SCDB)
- Liberal what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice William J. Brennan Jr. | Majority | |
| Justice Potter Stewart | Majority | |
| Justice Byron R. White | Concurrence | Wrote an opinion |
| Justice Thurgood Marshall | Majority | Wrote an opinion |
| Chief Justice Warren E. Burger | Majority | |
| Justice Harry A. Blackmun | Dissent | Wrote an opinion |
| Justice Lewis F. Powell Jr. | Dissent | |
| Justice William H. Rehnquist | Majority | |
| Justice John Paul Stevens | Dissent |
Full case caption
Commonwealth Edison Co. et al. v. Montana et al.
SCDB identifiers: case 1980-151, docket 1980-151-01.
Related decisions
Other cases on “State or local government tax”
- Western & Southern Life Insurance Co. v. State Board of Equalization of California
- Maryland v. LouisianaLaw held unconstitutional
- United States v. New Mexico
- Asarco Inc. v. Idaho State Tax CommissionLaw held unconstitutional
- F. W. Woolworth Co. v. Taxation and Revenue Department of New MexicoLaw held unconstitutional
- Exxon Corp. v. Department of Revenue of Wisconsin
Cases on the same legal provision: Article I, Section 8, Paragraph 3 (interstate commerce clause)
- Kassel v. Consolidated Freightways Corporation of DelawareLaw held unconstitutional
- Merrion v. Jicarilla Apache Tribe
- New England Power Co. v. New HampshireLaw held unconstitutional
- Edgar v. Mite Corp.Law held unconstitutional
- Sporhase v. Nebraska ex Rel. DouglasAltered precedentLaw held unconstitutional
- Reeves, Inc. v. Stake
Same Term, same area (Economic Activity)
- Environmental Protection Agency v. National Crushed Stone Association
- Potomac Electric Power Co. v. Director
- Minnesota v. Clover Leaf Creamery Co.
- Board of Governors of Federal Reserve System v. Investment Company Institute
- Steadman v. Securities and Exchange Commission
- Diamond v. Diehr
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