Justice Breyer announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II-A, and II-B-1, and an opinion with respect to Part II-B-2, in which Justice Scalia, Justice Kennedy, and Justice Ginsburg join. The Constitution forbids a “State ... without the Consent of Congress, [to] lay any Duty of Tonnage.” Art. I, § 10, cl. 3. T…
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