In The

Supreme Court of the United States




Decided June 23, 1982

Justice O’Connor, Concurring

Topic: Economic Activity*Court vote: 6–3
Note: No other Justices joined this opinion.
Citation: 457 U.S. 624 Docket: 80–1188Audio: Listen to this case's oral arguments at Oyez

* As categorized by the Washington University Law Supreme Court Database

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JUSTICE O'CONNOR, concurring in part.

I agree with the Court that the case is not moot, and that portions of the Illinois Business Take-Over Act, Ill.Rev.Stat., ch. 121 1/2, 137.51 et seq. (1979), are invalid under the Commerce Clause. Because it is not necessary to reach the preemption issue, I join only Parts I, II, and V of the Court's opinion, and would affirm the judgment of the Court of Appeals on that basis.

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