Case Citator › Hudson County Water Co. v. McCarter

Hudson County Water Co. v. McCarter

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Supreme Court of the United States
Citation
209 U.S. 349
Decided
Confirmed treatments
1
Flagged citations read
12 of 12
Citing cases (total)
12
Treatment dates
1982
Abrogated
A reviewed court treats this case as abrogated by later authority. Hudson County Water Co. v. McCarter's Commerce Clause reasoning on interstate water transfers was abrogated. Sporhase v. Nebraska held that water is an article of commerce and rejected the state ownership theory on which Hudson had relied.
More on how this was screened

Hudson's separate rule that private contracts remain subject to a state's police power was later applied by other courts. The confirmed treatment is listed below. All 12 flagged citations have been read.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

12 later cases cite Hudson County Water Co. v. McCarter; 12 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Hudson County Water Co. v. McCarter?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Abrogated

  • The Supreme Court displaced Hudson's rule that state ownership of water shields a ban on interstate water transfers from Commerce Clause review.

    Sporhase v. Nebraska ex rel. Douglas · Supreme Court of the United States · filed

    City of Altus, however, is inconsistent with Hudson County. For in the latter case the Court found Geer v. Connecticut, supra, to be controlling on the Commerce Clause issue. ... That theory, upon which the Commerce Clause issue in Hudson County was decided, was rejected by the District Court in City of Altus. ... Our conclusion that water is an article of commerce raises, but does not answer, the question whether the Nebraska statute is unconstitutional.
    Read the full opinion on CourtListener →

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