When a cement shortage hit South Dakota, the legislature ordered that the cement plant must first supply all of South Dakota’s customers before honoring out of state … To reverse would be to discourage similar state projects. May a State give preference to in-state buyers? A link to your Casebriefs™ LSAT Prep Course Workbook will begin to download upon confirmation of your email The State’s preference for its residents is not protectionism in action. REEVES, INC. v. STAKE ET AL. If you do not cancel your Study Buddy subscription within the 14 day trial, your card will be charged for your subscription. In arguing Reeves, Janklow became the first sitting governor to argue before the Supreme Court on behalf of his state. 16-1466 In the Supreme Court of the United States MARK JANUS, Petitioner, v. AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, COUNCIL 31, et al., Respondents. March 31, 2020 Edit. Unlock your Study Buddy for the 14 day, no risk, unlimited use trial. Please check your email and confirm your registration. Reeves is a ready mix concrete distributor from Wyoming that relied on a cement factory in South Dakota for 95% of its cement. Pp. 447 U.S. 429 (1980) ... CASE FACTS The nation constructed a cement institute inwards reply to a regional cement shortage. On Writ of Certiorari to the United States Court of Appeals for the Seventh Circuit The consequences of South Dakota's "residents-first" policy were devastating to petitioner Reeves, Inc., a Wyoming firm. For Your Data Reeves, Inc. V. William Stake Illustration Brief By . The Constitution’s Commerce Clause is applicable to State taxes and other regulatory measures that impede interstate commerce. Thank you and the best of luck to you on your LSAT exam. Id. Audio Transcription for Oral Argument - April 16, 1980 (Part 2) in Reeves Inc. v. Stake Audio Transcription for Oral Argument - April 16, 1980 (Part 1) in Reeves Inc. v. Stake Warren E. Burger: Does this plant pay taxes to the State of South Dakota for its operations? Brief Fact Summary. In 1978, for economic reasons, the South Dakota plant began supplying in-state customers before honoring other … It is the end product of a complex process that requires a plant and human labor to act on raw materials. The market participant exception allows states to avoid the Commerce Clause but it may not prevent a state from being subject to the Privileges and Immunities Clause. address. In 1980, Janklow argued Reeves, Inc. v. Stake before the U.S. Supreme Court. Hughes v. Oklahoma Case Brief - Rule of Law: It is a violation of the Commerce Clause for states to enact laws that attempt to conserve natural resources for. Reeves, Inc. v. William Stake case brief summary 447 U.S. 429 (1980) CASE SYNOPSIS. Audio Transcription for Oral Argument - April 16, 1980 (Part 2) in Reeves Inc. v. Stake Audio Transcription for Oral Argument - April 16, 1980 (Part 1) in Reeves Inc. v. Stake William J. Janklow: Yes, sir. States that are “market participants” in the buying and selling of goods, as opposed to “market regulator”, are not bound by the Constitution’s Commerce Clause and can favor their in-state businesses. ; cf. No. NO. Reeves Inc. v. Stake. As a pre-law student you are automatically registered for the Casebriefs™ LSAT Prep Course. DOCKET NO. Judgment of the United States Court of Appeals is affirmed. Your Study Buddy will automatically renew until cancelled. Your Study Buddy will automatically renew until cancelled. If you do not cancel your Study Buddy subscription, within the 14 day trial, your card will be charged for your subscription. Your Study Buddy will automatically renew until cancelled. 79-677 Argued: April 16, 1980 Decided: June 19, 1980. When a state becomes a “market participant”, as is the case here because they are selling cement, their commercial activities are not bound by the Commerce Constitution’s Clause and may favor in-state interests. CASE BRIEF WORKSHEET Title of Case: Reeves, Inc. v. William Stake, US SC 1980 Facts: SD built a cement plant to deal with cement shortages in the state.The SD Cement Commission concluded all of the cement produced would be needed inside the state. Dissent. In 1978, for economic reasons, the South Dakota plant began supplying in-state customers before honoring other … You also agree to abide by our. This is a statutory construction case involving the interpretation of the word "arson" in the first-degree (felony) murder statute, MCL 750.316; MSA 28.548. No. 99-536 Reeves versus Sanderson Plumbing Products Inc. will be announced by Justice O’Connor. When a cement shortage hit South Dakota, the legislature ordered that the cement plant must first supply all of South Dakota’s customers before honoring out of state contracts or commitments. Oregon Waste Systems, Inc. v. Department of Environmental Quality of Ore., 511 U. S. 93. Justice Powell, Brennan, White, and Stevens dissenting: The Commerce Clause was intended to prevent a policy where a State may prefer its own citizens to out-of-state customers in times of shortage. South Dakota is not limiting a natural resource. Hood & Sons, Inc v. Du Mond, Commissioner of Agriculture and Markets of New York, Aaron B. Cooley v. Board of Wardens of the Port of Philadelphia, South Carolina State Highway Department v. Barnwell Brothers, Inc, C & A Carbone, Inc. v. Town of Clarkstown, New York, Hunt, Governor of the State of North Carolina v. Washington State Apple Advertising Commission, Exxon Corporation v. Governor of Maryland, West Lynn Creamery, Inc. v. Healy, Commissioner of Massachusetts Department of Food and Agriculture, State of Minnesota v. Clover Lead Creamery Co, Dean Milk Co. v. City of Madison, Wisconsin, Bibb, Director, Department of Public Safety of Illinois v. Navajo Freight Lines, Inc, Raymond Kassel v. Consolidated Freightways Corporation of Delaware, Western & Southern Life Insurance Co. v. State Board of Equalization of California, South-Central Timber Development, Inc v. Commissioner, Department of Natural Resources of Alaska. The Plaintiffs, Toomer and other out-of-state commercial fisherman (Plaintiff), challenged a South Carolina Law that imposed higher license fees to out-of-state boats based than in … Unlock your Study Buddy for the 14 day, no risk, unlimited use trial. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from The Understanding Law Video Lecture Series™: Monthly Subscription ($19 / Month) Annual Subscription ($175 / Year). Synopsis of Rule of Law. Department of Justice Washington, D.C. 205300001- SupremeCtBriefs @usdoj.gov (202) 514-2217 Get Hughes v. Oklahoma, 441 U.S. 322 (1979), United States Supreme Court, case facts, key issues, and holdings and reasonings online today. Massachusetts Council of Constr. The State is not hoarding natural resources like coal, timber, wild game, or minerals. *430 Dennis M. Kirven argued the cause and filed a brief for petitioner. ... Reeves, Inc v. William Stake447 U.S. 429, 100 S. Ct. 2271, 65 L. Ed. LOCATION:Rincon Island. Reeves, Inc. v. William Stake. dirasaniraurus. Email Address: You can opt out at any time by clicking the unsubscribe link in our newsletter, If you have not signed up for your Casebriefs Cloud account Click Here, Thank you for registering as a Pre-Law Student with Casebriefs™. Yes, a State acting as a “market participant” may favor their in-state buyers. at 447 U. S. 436. The state of South Dakota operated a cement plant. When the State imposed its preference for South Dakota residents in 1978, Reeves had to reduce its production by over 75%. South Dakota should not be able to withhold its cement from interstate commerce in order to benefit private citizens and businesses within the State. Reeves sued the Commission and its chairman, William Stake (Ds), challenging the state’s cement sales policy. Audio Transcription for Oral Argument - April 16, 1980 (Part 2) in Reeves Inc. v. Stake Audio Transcription for Oral Argument - April 16, 1980 (Part 1) in Reeves Inc. v. Stake Harry A. Blackmun: Let me ask you one other question. BRIEF OF GOVERNMENT CONTRACTS PROFESSOR AND PRACTITIONER ... the Outcome in This Case ..... 6 A. Maine v. Taylor and United States Case Brief - Rule of Law: A state statute that affirmatively discriminates against interstate commerce passes vigorous a. For Your Data Reeves, Inc. V. William Stake Illustration Brief By . Reeves, Inc. v. Stake, 447 U. S. 429, 442 (1980). Reeves sued the Commission and its chairman, William Stake (collectively, defendants), in district court, challenging the state’s cement sales policy. You have successfully signed up to receive the Casebriefs newsletter. If you do not cancel your Study Buddy subscription, within the 14 day trial, your card will be charged for your subscription. As a result, its South Dakota competitors were in a vastly … A link to your Casebriefs™ LSAT Prep Course Workbook will begin to download upon confirmation of your email Reeves (P), an out-of-state contractor suffered serious financial harm when the plant stopped filling its orders. Held. Reeves, Inc. v. William Stake illustration brief summary . This "market participant" doctrine is an exception to the so-called negative commerce clause, which ordinarily deems state regulations invalid where they discriminate against interstate commerce in favor of intrastate commerce for the purpose o… The Commerce Clause was concerned with state laws inhibiting interstate trade such as home embargoes, customs duties, and regulated imports. Held. dirasaniraurus. 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Consolidated Freightways Corporation, White v. Massachusetts Council for Construction Employers, Inc, United Building and Construction Trades Council of Camden County and Vicinity v. Mayor and Council of the City of Camden, Gade v. National Solid Waste Management Association, 22 Ill.447 U.S. 429, 100 S. Ct. 2271, 65 L. Ed. Facts of the case. As a pre-law student you are automatically registered for the Casebriefs™ LSAT Prep Course. There are -- Reeves, as in they're arguing today, we've got … Byron R. White:-- say an individual -- say an individual contractor from Denver operating in … There are -- Reeves, as in they're arguing today, we've got … Byron R. White:-- say an individual -- say an individual contractor from Denver operating in … For more than 50 years, South Dakota has operated a cement plant that produced cement for both state residents and out-of-state buyers. Brief Fact Summary. 447 U.S. 429, 100 S. Ct. 2271, 65 L. Ed. Audio Transcription for Opinion Announcement – June 12, 2000 in Reeves v. Sanderson Plumbing Products, Inc. William H. Rehnquist: The opinion of the Court in No. 79-677. A state program that was funded through taxes paid by the citizens built the cement plant. Facts: Facing a serious cement shortage, South Dakota reaffirmed its policy of supplying all South Dakota's customers first and to honor all contract commitments, with the remaining volume allocated on a first come, first served basis. Reeves, Inc. v. Stake, 447 U.S. 429 (1980), was a United States Supreme Court case in which the Court held that individual states, when acting as producers or suppliers rather than as market regulators, may discriminate preferentially against out-of-state residents. When a state acts as a market participant, and not as a market regulator, it is not prohibited from buying only from or selling only to local businesses. There is no limit to a State’s ability to operate freely in the free market. 14,000 + case briefs, hundreds of Law Professor developed 'quick' Black Letter Law. The case had been initiated while he was attorney general, and Janklow argued it because he was the attorney in South Dakota's government who was most familiar with the details. When the United States appeared to protest in the state proceeding, it did not assert any federal water rights claims, nor did it seek to adjudicate any claims until the hydrological studies as to the effects of the Cappaerts' pumping ... Reeves, Inc v. William Stake447 U.S. 429, 100 S. Ct. 2271, 65 L. Ed. You have successfully signed up to receive the Casebriefs newsletter. William J. Janklow argued the cause for respondents. REEVES, INC. v. STAKE(1980) No. Dennis M. Kirven: It pays the profit over and I think --Warren E. Burger: 206-208. Reeves argued that the policy unconstitutionally discriminated against interstate commerce in violation of the Commerce Clause. See United Building and Construction Trades Council of Camden County and Vicinity v. Mayor and Council of the City of Camden. Audio Transcription for Oral Argument - April 16, 1980 (Part 2) in Reeves Inc. v. Stake Audio Transcription for Oral Argument - April 16, 1980 (Part 1) in Reeves Inc. v. Stake Warren E. Burger: Does this plant pay taxes to the State of South Dakota for its operations? The Plaintiff, Reeves Inc., (Plaintiff) a long time buyer sued under the United State Constitution’s (Constitution) Commerce Clause. Reeves cannot argue that the State is granting in-state ready mix concrete suppliers a competitive advantage over the out of state suppliers. Synopsis of Rule of Law. Reeves, Inc v. Stake. Thank you and the best of luck to you on your LSAT exam. For more than 50 years, South Dakota has operated a cement plant that produced cement for both state residents and out-of-state buyers. Unlock your Study Buddy for the 14 day, no risk, unlimited trial. South Dakota is a market participant because it built the plant and sold the cement using the State’s money. 16-1466 IN THE Supreme Court of the United States MARK JANUS, Petitioner, v. AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, COUNCIL 31, ET AL., Respondents. Id. PETITIONER:Reeves Inc. RESPONDENT:Stake. Discussion. 2155, 60 L.Ed.2d 1041 (1979). CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT. REEVES, INC. V. STAKE 447 U.S. 429 (1980) CASE BRIEF REEVES, INC. V. STAKE. Written and curated by real attorneys at Quimbee. One such customer was Reeves, Inc., a concrete distributor in Wyoming that obtained over 90 percent of its cement from the state-run plant. On remand, the Court of Appeals distinguished that case.4 Again relying on Alexandria Scrap, the court abided by its previous holding. March 31, 2020 Edit. Employers, Inc., 460 U.S. 204, 206 -208 (1983); Reeves, Inc. v. Stake, 447 U.S. 429, 436 -437 (1980); Hughes v. Alexandria Scrap Corp., 426 U.S. 794, 810 (1976). There always seems to be a man named Hughes in this area, but not in your case. Supreme Court of United States. Restricting the benefits to South Dakota citizens is no more protectionist than limiting such public benefits as the enjoyment of state educational institutions, energy run by a state-run plant, and police and fire protection. The State did not limit access to the raw materials used to make cement, nor did it restrict the ability of private firms or other States to set up plants within its borders. Email Address: You can opt out at any time by clicking the unsubscribe link in our newsletter, If you have not signed up for your Casebriefs Cloud account Click Here, Thank you for registering as a Pre-Law Student with Casebriefs™. Whatever burdens South Dakota is placing on interstate commerce in acting as a market participant is offset by countervailing considerations of policy and fairness. Reeves argued the policy unconstitutionally discriminated against interstate commerce in violation of the Commerce Clause. Reeves, Inc. v. Kelley, 8 Cir., 603 F.2d 736 (1979). “Such policies, while perhaps ‘protectionist’ in a loose sense, reflect the essential and patently unobjectionable purpose of state government—to serve the citizens of the State.” Ibid. CITATION: 447 US 429 (1980) ARGUED: Apr 16, 1980. 447 U.S. 429 (1980) ... CASE FACTS The nation constructed a cement institute inwards reply to a regional cement shortage. Department of Revenue of Ky. v. South Dakota built a state-owned cement plant, which for many years sold to private buyers, but later gave preferences to in-state buyers. The issue presented in this case concerns the application of the Commerce Clause of the United States Constitution of a state policy favoring its own citizens over citizens of other States in a sale of products owned and manufactured by that State. An exception covers States that go beyond regulation and themselves “participat[e] in the market” to “exercis[e] the right to favor [their] own citizens over others,” Hughes v. The Commerce Clause is a limitation on state sovereignty and is designed to maintain a national market and defeat economic provincialism. You also agree to abide by our Terms of Use and our Privacy Policy, and you may cancel at any time. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT I represent Reeves, Inc., plaintiff, in the action below and petitioner before this Court. Hughes v. Alexandria Scrap Corp., 426 U.S. 794 ; Reeves, Inc. v. Stake, 447 U.S. 429 . Issue. You also agree to abide by our. 206-208. 2d 244 (1980). Ante, at 432-433. videos, thousands of real exam questions, and much more. Issue. 447 U.S. 429 (1980) NATURE OF THE CASE: An appeal to determine if a state regulation burdens interstate commerce when the state is a market participant and advantages its own citizens. videos, thousands of real exam questions, and much more. Discussion. South Dakota built a state-owned cement plant, which for many years sold to private buyers, but later gave preferences to in-state buyers. 2d 244, 1980 U.S. South-Central Timber Development, Inc v. Dissent. address. Accessed 18 Oct. 2020. Hughes v. Alexandria Scrap Corp., 426 U.S. 794 ; Reeves, Inc. v. Stake, 447 U.S. 429 . Oyez, www.oyez.org/cases/1975/74-1107. Can a state as a market participant restrict its trade of goods to citizens or businesses within that state? See Blonder-Tongue Labs., Inc. v. University of Illinois Foundation, 402 U. S. 313, 402 U. S. 320-326 (1971). Brief Fact Summary. The Plaintiff, Reeves Inc., (Plaintiff) a long time buyer sued under the United State Constitution’s (Constitution) Commerce Clause. Reeves is a ready mix concrete distributor from Wyoming that relied on a cement factory in South Dakota for 95% of its cement. A market participant may freely exercise his own independent discretion as to parties with whom he will deal. 2d 244, 1980 U.S. South-Central Timber Development, Inc v. For 20 years, Reeves had purchased about 95% of its cement from the South Dakota plant. Justice Lewis Powell (J. Powell) dissents because he thinks this is exactly the type of economic protectionism that the Constitution’s Commerce Clause was intended to prevent. Audio Transcription for Oral Argument - April 16, 1980 (Part 2) in Reeves Inc. v. Stake Audio Transcription for Oral Argument - April 16, 1980 (Part 1) in Reeves Inc. v. Stake William J. Janklow: There were times when it did provide it at a loss. REEVES, INC. v. STAKE(1980) No. 22 Ill.447 U.S. 429, 100 S. Ct. 2271, 65 L. Ed. Massachusetts Council of Constr. Decided June 19, 1980. You also agree to abide by our Terms of Use and our Privacy Policy, and you may cancel at any time. Reeves, Inc. v. Stake, 447 U.S. 429 (1980), was a United States Supreme Court case in which the Court held that individual states, when acting as producers or suppliers rather than as market regulators, may discriminate preferentially against out-of-state residents. Reeves had to cut production by 76%. Brief Fact Summary. Unlock your Study Buddy for the 14 day, no risk, unlimited trial. The State was created to serve the needs of South Dakota citizens during a shortage in 1919. Reeves, Inc v. William Stake. Past errors may in rare cases be "sufficiently blatant" to overcome the "strong presumption of continued validity that adheres in the judicial interpretation of a statute,'" but this is not such a case. In a case like the instant one, the only inquiry is whether the challenged program constituted direct state or local participation in the market. Citation 447 U.S. 429, 100 S. Ct. 2271, 65 L. Ed. Please check your email and confirm your registration. The Defendant, Taylor (Defendant), in defense of criminal charges, challenged Maine’s law prohibiting the importation of live baitfish on the ground it violated the Commerce Clause of the United States Constitution (Constitution). Audio Transcription for Oral Argument - April 16, 1980 (Part 2) in Reeves Inc. v. Stake Audio Transcription for Oral Argument - April 16, 1980 (Part 1) in Reeves Inc. v. Stake William J. Janklow: Yes, sir. The suppliers could have guarded against shortages by executing long-term supply contracts with the South Dakota plant. The Court relies on Hughes v. Alexandria Scrap Corp (1976) for the theory that the Commerce Clause was not concerned with a state acting as a market participant. A substantial percentage of the plant's production was sold to buyers outside the state. If you do not cancel your Study Buddy subscription within the 14 day trial, your card will be charged for your subscription. ... Reeves, Inc v. William Stake447 U.S. 429, 100 S. Ct. 2271, 65 L. Ed. : 79-677. Audio Transcription for Oral Argument - April 16, 1980 (Part 2) in Reeves Inc. v. Stake Audio Transcription for Oral Argument - April 16, 1980 (Part 1) in Reeves Inc. v. Stake William J. Janklow: There were times when it did provide it at a loss. REEVES, INC. V. STAKE 447 U.S. 429 (1980) CASE BRIEF REEVES, INC. V. STAKE. A state as a market participant may hoard its resources from the national market. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from The Understanding Law Video Lecture Series™: Monthly Subscription ($19 / Month) Annual Subscription ($175 / Year). The state of South Dakota operated a cement plant. Reeves, Inc. v. William Stake illustration brief summary . The people of South Dakota are using the power of the State to furnish themselves with cement forbidden to the people of neighboring States. Wyoming could have provided or attracted alternative sources of supply for its suppliers. Employers, Inc., 460 U. S. 204, 206-208 (1983); Reeves, Inc. v. Stake, 447 U. S. 429, 436-437 (1980); Hughes v. Alexandria Scrap Corp., 426 U. S. 794, 810 (1976). "Cappaert v. United States." Pp. While these services are protectionist in a loose sense, they also reflect the purpose of the state government (to serve the citizens of the State). In a case like the instant one, the only inquiry is whether the challenged program constituted direct state or local participation in the market. United States Supreme Court. Your Study Buddy will automatically renew until cancelled. Argued April 16, 1980. Reeves, Inc. v. Kelley, 441 U.S. 939, 99 S.Ct. Casebriefs is concerned with your security, please complete the following, The Structure Of The Constitution's Protection Of Civil Rights And Civil Liberties, Fundamental Fights Under Due Process And Equal Protection, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam), You can opt out at any time by clicking the unsubscribe link in our newsletter, Cipollone, Executor of the Estate of Rose D. Cipollone v. Liggett Group, Inc, Florida Lime & Avocado Growers, Inc v. Paul, Director, Department of Agriculture of California, Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development Commission, Hines, Secretary of Labor ad Industry of Pennsylvania v. Davidowitz, H.P. 2d 244, 1980 U.S. Brief Fact Summary. There is no indication of a constitutional plan to limit the ability of the state itself to operate freely in the market. 2d 244 (1980) Brief Fact Summary. Synopsis of Rule of Law. 2d 244, 1980 U.S. This decision approves protectionist state policies. 79-677 Argued: April 16, 1980 Decided: June 19, 1980. Dennis M. Kirven: It pays the profit over and I think --Warren E. Burger: at 483 U. S. 103 (quoting Square D Co. v. Niagara Frontier Tariff Bureau, Inc., 476 U. S. 409, 476 U. S. 424 (1986)). In Reeves, Inc. v. Stake, supra, the Court upheld a South Dakota policy of restricting the sale of cement from a state-owned plant to state residents, declaring that "[t]he basic distinction drawn in Alexandria Scrap between States as market participants and States as market regulators makes good sense and sound law." 447 U.S. 429 (1980) NATURE OF THE CASE: An appeal to determine if a state regulation burdens interstate commerce when the state is a market participant and advantages its own citizens. Citation. 2d 244, 1980 U.S. South-Central Timber Development, Inc v. A substantial percentage of the plant's production was sold to buyers outside the state. Hughes v. Oklahoma Case Brief - Rule of Law: It is a violation of the Commerce Clause for states to enact laws that attempt to conserve natural resources for. Justice Blackmun: Yes. One such customer was Reeves, Inc., a concrete distributor in Wyoming that obtained over 90 percent of its cement from the state-run plant. DECIDED BY: Burger Court (1975-1981) LOWER COURT: United States Court of Appeals for the Eighth Circuit. Facts of the case. 14,000 + case briefs, hundreds of Law Professor developed 'quick' Black Letter Law.