Yellow Transp., Inc. v. Michigan, 537 U.S. 36, 3 (2002)

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38

YELLOW TRANSP., INC. v. MICHIGAN

Opinion of the Court

charged" is zero and must remain zero. To allow States to disavow their reciprocity agreements so as to alter any fee charged or collected as of November 15, 1991, would potentially permit States to increase their revenues substantially under the new system, a result that the ICC quite reasonably believed Congress did not intend. The Court rejects respondents' arguments that Congress intended for each State to set a single, uniform fee; that the ICC could not add a constraint not within the statute's express language; and that the ICC's rule contravenes the fee-cap provision by limiting what a State can charge based on what was collected from or charged to a particular carrier. Pp. 45-48.

464 Mich. 21, 627 N. W. 2d 236, reversed and remanded.

O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Scalia, Kennedy, Souter, Thomas, Ginsburg, and Breyer, JJ., joined. Stevens, J., filed an opinion concurring in the judgment, post, p. 48.

Charles A. Rothfeld argued the cause for petitioner. With him on the briefs were Evan M. Tager, Robert L. Bronston, John W. Bryant, and R. Ian Hunter.

Austin C. Schlick argued the cause for the United States as amicus curiae in support of petitioner. With him on the brief were Solicitor General Olson, Assistant Attorney General McCallum, Deputy Solicitor General Wallace, Michael Jay Singer, Bruce G. Forrest, Kirk K. Van Tine, Paul M. Geier, Dale C. Andrews, and Laura C. Fentonmiller.

Thomas L. Casey, Solicitor General of Michigan, argued the cause for respondents. With him on the briefs were Jennifer M. Granholm, Attorney General, Susan I. Leffler, Assistant Solicitor General, and David A. Voges and Henry J. Boynton, Assistant Attorneys General.*

Justice O'Connor delivered the opinion of the Court. We granted certiorari in this case, 534 U. S. 1112 (2002), to determine whether the Michigan Supreme Court erred in

*Roy T. Englert, Jr., Sherri Lynn Wolson, Beth L. Law, and Robert Digges, Jr., filed a brief for the American Trucking Associations, Inc., et al. as amici curiae urging reversal.

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