AMERICAN TRUCKING ASSNS., INC. V. MICHIGAN PUB. SERV. COMM’N (03-1230) NULL 255 Mich. App. 589, 662 N. W. 2d 784, affirmed.
Syllabus	Opinion [ Breyer ]	Concurrence [ Scalia ]	Concurrence [ Thomas ]
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545 U.S. ____ (2005)

SUPREME COURT OF THE UNITED STATES

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No. 03—1230

AMERICAN TRUCKING ASSOCIATIONS, INC. and
USF HOLLAND, INC., PETITIONERS v. MICHIGAN
PUBLIC SERVICE COMMISSION et al.

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS OF
MICHIGAN

[June 20, 2005]

    Justice Thomas, concurring in the judgment.

    I would affirm the judgment of the Michigan Court of Appeals because “ ‘[t]he negative Commerce Clause has no basis in the text of the Constitution, makes little sense, and has proved virtually unworkable in application,’ Camps Newfound/Owatonna, Inc. v. Town of Harrison, 520 U.S. 564, 610 (1997) (Thomas, J., dissenting), and, consequently, cannot serve as a basis for striking down a state statute.” Hillside Dairy Inc. v. Lyons, 539 U.S. 59, 68 (2003) (Thomas, J., concurring in part and dissenting in part).