Hughes v. Alexandria Scrap Corp.

Citation

426 U.S. 794 (1976)

Facts

Stub — to be completed.

Issue

Stub — to be completed.

Holding

Stub — to be completed.

Rule

When a state acts as a market participant rather than as a market regulator, the dormant Commerce Clause does not apply; Maryland’s subsidy program for in-state scrap processors was a permissible exercise of the state’s role as a participant in the market, not unconstitutional discrimination against interstate commerce.

Significance

Established the market participant exception to the dormant Commerce Clause; states may favor in-state businesses when acting as buyers or sellers in the marketplace.

Courses