606
Stevens, J., concurring
ously misapplied the doctrine of intergovernmental tax immunity. A state tax burden that is shared equally by federal retirees and the vast majority of the State's citizens does not discriminate against those retirees. See id., at 823-824 (Stevens, J., dissenting). The Federal Government has a legitimate interest in protecting its employees from disparate treatment, but federal judges should not be able to claim a tax exemption simply because a State decides to give such a benefit to the members of its judiciary instead of raising their salaries. I write separately to make this point because what I regard as this Court's perverse application of the non-discrimination principle is subject to review and correction by Congress. See Prudential Insurance Co. v. Benjamin, 328 U. S. 408 (1946).
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