United States Trust Company of New York v. New Jersey (No. 75-1687) 69 N.J. 253, 353 A.2d 514, reversed.
Syllabus	Opinion [ Blackmun ]	Concurrence [ Burger ]	Dissent [ Brennan ]
HTML version PDF version	HTML version PDF version	HTML version PDF version	HTML version PDF version

BURGER, C.J., Concurring Opinion

SUPREME COURT OF THE UNITED STATES

---

431 U.S. 1

United States Trust Company of New York v. New Jersey

APPEAL FROM THE SUPREME COURT OF NEW JERSEY

---

No. 75-1687 Argued: November 10, 1976 --- Decided: April 27, 1977

---

MR. CHIEF JUSTICE BURGER, concurring.

In my view, to repeal the 1962 covenant without running afoul of the constitutional prohibition against the impairment of contracts, the State must demonstrate that the impairment was essential to the achievement of an important state purpose. Furthermore, the State must show that it did not know and could not have known the impact of the contract on that state interest at the time that the contract was made. So reading the Court's opinion, I join it. [p33]

For emphasis, I note that the Court pointedly does not hold that, on the facts of this case, any particular "less drastic modification" would pass constitutional muster, ante at 30, and n. 28.