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Franchise Tax Board of California v. Hyatt

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Search complete. 20 mentions across 4 episodes found for "Franchise Tax Board of California v. Hyatt".

Oct 5, 2026

Kannon ShanmugamGUEST
28:15
We've talked about this Court's cases on interstate pollution, but let me provide, I think, a very concrete grounding for each of the constitutional principles we've been discussing.
Kannon ShanmugamGUEST
28:26
The equal sovereignty principle, I would point to Justice Thomas' opinion for the Court in Franchise Tax Board v. Hyatt, which I think established three very important premises for the argument.
Kannon ShanmugamGUEST
28:37
There, the Court stated that that the equal sovereignty of each state implied certain limitations on the sovereignty of other states.
Kannon ShanmugamGUEST
28:48
Second, that there were certain areas involving conflicting rights where states could not supply the applicable rule of decision.

1 HR 16 MINS LATER

Kannon ShanmugamGUEST
104:38
Second, the shortest line to an appropriately cabined and narrowed decision here is to rely on the equal sovereignty principle.
Kannon ShanmugamGUEST
104:47
In particular, the Court can rely on this Court's case law from Missouri v. Illinois right through to AEP in this particular context.
Kannon ShanmugamGUEST
104:56
We do believe that the conceptual framework for that is set out in Franchise Tax Board v. Hyatt, in which the Court said that there are certain areas involving conflicting rights where states cannot apply the applicable rule of decision.
Kannon ShanmugamGUEST
105:10
And the Court can certainly say, for the reasons given by my friend Ms. Harris, that that reasoning is reinforced by the extraterritoriality principle because there is simply no precedent for extending any state's authority as far as Boulder is suggesting.
Kannon K. ShanmugamGUEST
28:14
Um, we've talked about this court's cases on interstate pollution, but let me provide, I think, a very concrete grounding for each of the constitutional principles we've been discussing.
Kannon K. ShanmugamGUEST
28:26
The equal sovereignty principle, I would point to Justice Thomas's opinion for the court in Franchise Tax Board versus Hyatt, which I think established three very important premises for the argument.
Kannon K. ShanmugamGUEST
28:37
There, the court stated that the equal sovereignty of each state, uh, imposed, i- implied certain limitations on the sovereignty of other states.
Kannon K. ShanmugamGUEST
28:48
Second, that there were certain areas involving conflicting rights where states could not supply the applicable rule of decision.
Elena KaganUNKNOWN
28:59
Champion, um, my clock is ticking, so I wanna know the answer to my question.
Elena KaganUNKNOWN
29:05
My question is, what's the support for what, for the no state, for the, the, the default rule about air and water regulation?
Kannon K. ShanmugamGUEST
29:15
So I think that, uh, Hyatt establishes the premise for this mode of constitutional interpretation, and the cases that applied federal common law before the enactment of the Clean Air Act apply that principle in the context of interstate pollution.
Kannon K. ShanmugamGUEST
29:34
And if I could point you to any cases from this court, the two I would select are Missouri versus Illinois and Georgia versus Tennessee Copper, two decisions written by Justice Holmes within two years of each other that talk about the fact that states no longer have the right to abate forcible nuisances.
Kannon ShanmugamGUEST
28:15
We've talked about this Court's cases on interstate pollution, but let me provide, I think, a very concrete grounding for each of the constitutional principles we've been discussing.
Kannon ShanmugamGUEST
28:26
The equal sovereignty principle, I would point to Justice Thomas' opinion for the Court in Franchise Tax Board v. Hyatt, which I think established three very important premises for the argument.
Kannon ShanmugamGUEST
28:37
There, the Court stated that that the equal sovereignty of each state implied certain limitations on the sovereignty of other states.
Kannon ShanmugamGUEST
28:48
Second, that there were certain areas involving conflicting rights where states could not supply the applicable rule of decision.
Elena KaganPANELIST
29:02
So I want to know the answer to my question.
Elena KaganPANELIST
29:05
My question is, what's the support for the interstate? no state for the default rule about air and water regulation.
Kannon ShanmugamGUEST
29:15
So I think that Hyatt establishes the premise for this mode of constitutional interpretation, and the cases that applied federal common law before the enactment of the Clean Air Act apply that principle in the context of interstate pollution.
Kannon ShanmugamGUEST
29:34
And if I could point you to any cases from this Court, the two I would select are Missouri v. Illinois and Georgia v. Tennessee Copper, two decisions written by Justice Holmes within two years of each other that talk about the fact that states no longer have the right to abate forcible nuisances.
Kannon ShanmugamUNKNOWN
29:35
Um, we've talked about this court's cases on interstate pollution, but let me provide, I think, a very concrete grounding for each of the constitutional principles we've been discussing.
Kannon ShanmugamUNKNOWN
29:47
The equal sovereignty principle, I would point to Justice Thomas's opinion for the court in Franchise Tax Board versus Hyatt, which I think established three very important premises for the argument.
Kannon ShanmugamUNKNOWN
29:59
There, the court stated that the equal sovereignty of each state i- imposed, implied certain limitations on the sovereignty of other states.
Kannon ShanmugamUNKNOWN
30:10
Second, that there were certain areas involving conflicting rights where states could not supply the applicable rule of decision.
Elena KaganUNKNOWN
30:20
compacts.The answer to my question.
Elena KaganUNKNOWN
30:26
My question is, what's the support for what, for the no state, for the, the, the default rule about air and water regulation?
Kannon ShanmugamUNKNOWN
30:37
So I think that, uh, Hyatt establishes the premise for this mode of constitutional interpretation, and the cases that applied federal common law before the enactment of the Clean Air Act apply that principle in the context of interstate pollution.
Kannon ShanmugamUNKNOWN
30:55
And if I could point you to any cases from this court, the two I would select are Missouri versus Illinois and Georgia versus Tennessee Copper, two decisions written by Justice Holmes within two years of each other, that talk about the fact that states no longer have the right to abate forcible nuisances.

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