Display Mode
Dark
Dark
Light
Light
Theme Cover
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Search History
No search history
Copied to clipboard
StarredCase saved
Oh No!
Copied to clipboard
StarredCase saved
Oh No!
Media
Term
Opinion Writer
Direction
Field

Mckesson Corporation v. Division Of Alcoholic Beverages And Tobacco, Department Of Business Regulation Of Florida, Et Al.

• 1989 • 496 U.S. 18 • Rehnquist Court
The U.S. Supreme Court case McKesson Corporation v. Division of Alcoholic Beverages and Tobacco, Department of Business Regulation of Florida, et al., 1989 revolved around the issue of whether a state is required to provide procedural safeguards when it imposes a tax that may be unconstitutional under federal law. The court ruled in favor of McKesson Corporation, stating that if a state levies an unlawful discriminatory tax, taxpayers must have some form of opportunity for predeprivation relief...Open Case
Score:
Copyright © 2026Etalia.ai All Rights Reserved
  • Blog
  • •
  • Privacy
  • •
  • Terms
1 results found
Become a Sponsor
Support Us
Feedback: We can do better!

Your feedback is extremely important to us and greatly appreciated.
Tell us what went wrong

Copied to clipboard
StarredCase saved
Oh No!
Chief Rehnquist Court
Term: 1989
Docket: 88-192
496 U.S. 18
110 S. Ct. 2238
110 L. Ed. 2d 17
1990 U.S. LEXIS 2826
Argued: Mar 22, 1989

Mckesson Corporation v. Division Of Alcoholic Beverages And Tobacco, Department Of Business Regulation Of Florida, Et Al.

  • Pro
  • Pro
Go Pro!orto acess these features and extra content.

Opinion Summary
AI Abstract

The U.S. Supreme Court case McKesson Corporation v. Division of Alcoholic Beverages and Tobacco, Department of Business Regulation of Florida, et al., 1989 revolved around the issue of whether a state is required to provide procedural safeguards when it imposes a tax that may be unconstitutional under federal law. The court ruled in favor of McKesson Corporation, stating that if a state levies an unlawful discriminatory tax, taxpayers must have some form of opportunity for predeprivation relief or postpayment refund. In this case, Florida had imposed higher taxes on out-of-state liquors than those produced within the state - violating the Commerce Clause which prohibits states from passing legislation that improperly burdens or discriminates against interstate commerce. Therefore, since there was no provision allowing for refunds in cases where taxes were found to be unlawfully discriminatory (as they were here), the State's taxing scheme was deemed unconstitutional.

Dissent Summary
AI Abstract

In the dissenting opinion for McKesson Corporation v. Division of Alcoholic Beverages and Tobacco, Department of Business Regulation of Florida et al., Justice Scalia argued that the majority's decision was an unwarranted expansion of judicial power into areas traditionally reserved for legislative bodies. He contended that it is not within the purview or competence of courts to dictate how states should refund taxes collected under unconstitutional statutes. Instead, he believed this responsibility falls squarely on state legislatures who are better equipped to make such decisions in line with their respective fiscal policies and administrative capabilities. Furthermore, he criticized the majority’s reliance on principles from private law (like unjust enrichment) as a basis for constitutional adjudication - arguing that these principles do not translate well into public law context where considerations extend beyond individual equities to include broader societal interests.

Opinion written by Justice WJBrennan
Decided: Jun 04, 1990
PDF viewer is not available.
Go Pro!orto acess these features and extra content.
Related Cases
AI Assist
Go Pro!orto acess these features and extra content.
PDF viewer is not available.
Oral Transcripts
Go Pro!orto acess these features and extra content.
Related Cases
Go Pro!orto acess these features and extra content.
Ask Etalia.ai
Go Pro!orto acess these features and extra content.
Audio of Oral Arguments
Free Trial!
Become a Sponsor

Support Us
Copyright © 2026Etalia.ai All Rights Reserved
  • Blog
  • •
  • Privacy
  • •
  • Terms