O'Connor, J., concurring SOUTH CENTRAL BELL TELEPHONE CO. v. ALABAMA ____ U. S. ____ (1999) SUPREME COURT OF THE UNITED STATES No. 97–2045

SOUTH CENTRAL BELL TELEPHONE COMPANY,et al., PETITIONERS v. ALABAMA et al.

on writ of certiorari to the supreme courtof alabama

[March 23, 1999]

Justice O’Connor, concurring.

I join the opinion of the Court, and I agree that the State’s failure to properly raise its challenge to our negative Commerce Clause jurisprudence supports a decision not to pass on the merits of this claim. Ante, at 10. I further note, however, that the State does nothing that would persuade me to reconsider or abandon our well-established body of negative Commerce Clause jurisprudence.