382
Thomas, J., dissenting
ever, held that the Act, as they interpreted it, precluded that claim. 955 F. 2d 1054, 1063-1064 (CA6 1992); No. G88-243 CA (WD Mich., Jan. 19, 1990), App. to Pet. for Cert. 46a. Because the lower courts should be given the opportunity to consider the merits of petitioners' dormant Commerce Clause challenge in the first instance, I would remand.
I therefore respectfully dissent.
that the AAIA's predecessor, which was substantially similar to the AAIA, did not preclude dormant Commerce Clause analysis. See 405 U. S., at 721.
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