Monday, May 15, 2006

Cuno no mo'

It comes as no real surprise that the Supreme Court ruled against the plaintiffs (and thus in favor of state tax credits) today in the case of Cuno v. DaimlerChrysler. That ruling was foreshadowed completely by the justices questioning during oral arguments.

As I said in my oped on this earlier in the year, no matter how this case turned out there are still fundamental issues that need to be debated as to the role of tax incentives in local economic development.

The Bloomberg article on this seems to say the ruling was based narrowly on the issue of taxpayer standing and did not address the fundamental issue of whether there was any constitutional issue with these incentives. So they took the out they gave themselves when they took the case. So the issue could come again before SCOTUS, it's unlikely it will be anytime soon.


Anonymous Anonymous said...

I disagree with your assessment of the next time the case will come before the Supreme Court. The environmental standing cases suggest that a well organized plaintiff group could take different cases to the Supreme Court several times in the next 20 years.

Wednesday, May 17, 2006 2:00:00 PM  
Blogger C. Briem said...

my thoughts on this are rather tainted by my constitutional lawyer friends, but they could be wrong. My non-lawyerly assessment is that the Court just did not want to address this issue and took the excuse of taxpayer standing to avoid setting any precedent on the underlying issue.

Friday, May 19, 2006 4:32:00 PM  

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