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The provision that "discharge in bankruptcy following the rendering of any such judgment [as a result of an automobile accident] shall not relieve the judgment debtor from any of the requirements of this article," contained in Ariz. Rev. Stat. 28-1163 (B), part of the Motor Vehicle Safety Responsibility Act, which the Arizona courts have construed as having as "its principal purpose the protection of the public using the highways from financial hardship which may result from the use of automobiles by financially irresponsible persons," directly conflicts with 17 of the Bankruptcy Act, which states that a discharge in bankruptcy fully discharges all but certain specified judgments, and is thus unconstitutional as violative of the Supremacy Clause. Kesler v. Department of Public Safety, 369 U.S. 153 , and Reitz v. Mealey, 314 U.S. 33 , have no authoritative effect to the extent they are inconsistent with the controlling principle that state legislation that frustrates the full effectiveness of federal law is invalidated by the Supremacy Clause. Pp. 644-656.
421 F.2d 619, reversed and remanded.
WHITE, J., delivered the opinion of the Court, in which BLACK, DOUGLAS, BRENNAN, and MARSHALL, JJ., joined. BLACKMUN, J., filed an opinion concurring in the result as to petitioner Emma Perez and dissenting as to petitioner Adolfo Perez, in which BURGER, C. J., and HARLAN and STEWART, JJ., joined, post, p. 657.
Anthony B. Ching argued the cause and filed a brief for petitioners.
Robert H. Schlosser argued the cause for respondents. With him on the brief was Gary K. Nelson, Attorney General of Arizona. [402 U.S. 637, 638]
Briefs of amici curiae were filed by David A. Binder, Raine Eisler, and Paul L. McKaskle for the Western Center on Law and Poverty et al., and by William D. Browning for the National Organization for Women.
MR. JUSTICE WHITE delivered the opinion of the Court.
This case raises an important issue concerning the construction of the Supremacy Clause of the Constitution - whether Ariz. Rev. Stat. Ann. 28-1163 (B) (1956), which is part of Arizona's Motor Vehicle Safety Responsibility Act, is invalid under that clause as being in conflict with the mandate of 17 of the Bankruptcy Act, 11 U.S.C. 35, providing that receipt of a discharge in bankruptcy fully discharges all but certain specified judgments. The courts below, concluding that this case was controlled by Kesler v. Department of Public Safety, 369 U.S. 153 (1962), and Reitz v. Mealey, 314 U.S. 33 (1941), two earlier opinions of this Court dealing with alleged conflicts between the Bankruptcy Act and state financial responsibility laws, ruled against the claim of conflict and upheld the Arizona statute.
On July 8, 1965, petitioner Adolfo Perez, driving a car registered in his name, was involved in an automobile accident in Tucson, Arizona. The Perez automobile was not covered by liability insurance at the time of the collision. The driver of the second car was the minor daughter of Leonard Pinkerton, and in September 1966 the Pinkertons sued Mr. and Mrs. Perez in state court for personal injuries and property damage sustained in the accident. On October 31, 1967, the petitioners confessed judgment in this suit, and a judgment order was entered against them on November 8, 1967, for $2,425.98 plus court costs.
Mr. and Mrs. Perez each filed a voluntary petition in bankruptcy in Federal District Court on November 6, 1967. Each of them duly scheduled the judgment debt [402 U.S. 637, 639] to the Pinkertons. The District Court entered orders on July 8, 1968, discharging both Mr. and Mrs. Perez from all debts and claims provable against their estates, including the Pinkerton judgment. 11 U.S.C. 35; Lewis v. Roberts, 267 U.S. 467 (1925).
During the pendency of the bankruptcy proceedings, the provisions of the Arizona Motor Vehicle Safety Responsibility Act came into play. Although only one provision of the Arizona Act is relevant to the issue presented by this case, it is appropriate to describe the statutory scheme in some detail. The Arizona statute is based on the Uniform Motor Vehicle Safety Responsibility Act promulgated by the National Conference on Street and Highway Safety. 1 Articles 1 and 2 of the Act deal, respectively, with definitional matters and administration.
The substantive provisions begin in Art. 3, which requires the posting of financial security by those involved in accidents. Section 28-1141 of that article requires suspension of licenses for unlawful failure to report accidents, and 28-1142 (Supp. 1970-1971) provides that within 60 days of the receipt of an accident report the Superintendent of the Motor Vehicle Division of the Highway Department shall suspend the driver's license of the operator and the registration of the owner of a car involved in an accident "unless such operator or owner or both shall deposit security in a sum which is sufficient in the judgment of the superintendent to satisfy any judgment or judgments for damages resulting from the accident as may be recovered against the operator or owner." Under the same section, notice of such suspension and the amount of security required must be sent to the owner and operator not less than 10 days prior to the effective date of the suspension. This section does not apply if the owner or the operator carried liability [402 U.S. 637, 640] insurance or some other covering bond at the time of the accident, or if such individual had previously qualified as a self-insurer under 28-1222. Other exceptions to the requirement that security be posted are stated in 28-1143. 2 If none of these exceptions applies, the suspension continues until: (1) the person whose privileges were suspended deposits the security required under 28-1142 (Supp. 1970-1971); (2) one year elapses from the date of the accident and the person whose privileges were suspended files proof with the Superintendent that no one has initiated an action for damages arising from the accident; (3) evidence is filed with the superintendent that a release from liability, an adjudication of nonliability, a confession of judgment, or some other written settlement agreement has been entered. 3 As far as the record in the instant case shows, [402 U.S. 637, 641] the provisions of Art. 3 were not invoked against petitioners, and the constitutional validity of these provisions is, of course, not before us for decision.
Article 4 of the Arizona Act, which includes the only provision at issue here, deals with suspension of licenses and registrations for nonpayment of judgments. Interestingly, it is only when the judgment debtor in an automobile accident lawsuit - usually an owner-operator like Mr. Perez - fails to respond to a judgment entered against him that he must overcome two hurdles in order to regain his driving privileges. Section 28-1161, the first section of Art. 4, requires the state court clerk or judge, when a judgment 4 has remained unsatisfied for 60 days after entry, to forward a certified copy of the judgment to the superintendent. 5 This was done in the present case, and on March 13, 1968, Mr. and Mrs. Perez were served with notice that their drivers' licenses and registration were suspended pursuant to 28-1162 (A). 6 Under other provisions of Art. 4, such suspension is to [402 U.S. 637, 642] continue until the judgment is paid, 7 and 28-1163 (B) specifically provides that "[a] discharge in bankruptcy following the rendering of any such judgment shall not relieve the judgment debtor from any of the requirements of this article." In addition to requiring satisfaction of the judgment debt, 28-1163 (A) provides that the license and registration "shall remain suspended and shall not be renewed, nor shall any license or registration be thereafter issued in the name of the person . . . until the person gives proof of financial responsibility" for a future period. 8 Again, the validity of this limited requirement that some drivers post evidence of financial responsibility for the future in order to regain driving privileges is not questioned here. Nor is the broader issue of whether a [402 U.S. 637, 643] State may require proof of financial responsibility as a precondition for granting driving privileges to anyone before us for decision. What is at issue here is the power of a State to include as part of this comprehensive enactment designed to secure compensation for automobile accident victims a section providing that a discharge in bankruptcy of the automobile accident tort judgment shall have no effect on the judgment debtor's obligation to repay the judgment creditor, at least insofar as such repayment may be enforced by the withholding of driving privileges by the State. It was that question, among others, which petitioners raised after suspension of their licenses and registration by filing a complaint in Federal District Court seeking declaratory and injunctive relief and requesting a three-judge court. They asserted several constitutional violations, and also alleged that 28-1163 (B) was in direct conflict with the Bankruptcy Act and was thus violative of the Supremacy Clause of the Constitution. 9 In support of their complaint, Mr. and Mrs. Perez filed affidavits stating that the suspension of their licenses and registration worked both physical and financial hardship upon them and their children. The District Judge granted the petitioners leave to proceed in forma pauperis, but thereafter granted the respondents' motion to dismiss the complaint for failure to state a claim upon which relief could be granted, citing Kesler and Reitz. 10 The Court of Appeals affirmed, relying on [402 U.S. 637, 644] the same two decisions. 421 F.2d 619 (CA9 1970). We granted certiorari. 400 U.S. 818 (1970).
Deciding whether a state statute is in conflict with a federal statute and hence invalid under the Supremacy Clause is essentially a two-step process of first ascertaining the construction of the two statutes and then determining the constitutional question whether they are in conflict. In the present case, both statutes have been authoritatively construed. In Schecter v. Killingsworth, 93 Ariz. 273, 380 P.2d 136 (1963), the Supreme Court of Arizona held that "[t]he Financial Responsibility Act has for its principal purpose the protection of the public using the highways from financial hardship which may result from the use of automobiles by financially irresponsible persons." 93 Ariz., at 280, 380 P.2d, at 140. The Arizona court has consistently adhered to this construction of its legislation, see Camacho v. Gardner, 104 Ariz. 555, 558, 456 P.2d 925, 928 (1969); New York Underwriters Ins. Co. v. Superior Court, 104 Ariz. 544, 456 P.2d 914 (1969); Sandoval v. Chenoweth, 102 Ariz. 241, 243, 428 P.2d 98, 100 (1967); Farmer v. Killingsworth, 102 Ariz. 44, 47, 424 P.2d 172, 175 (1967); Hastings v. Thurston, 100 Ariz. 302, 306, 413 P.2d 767, 770 (1966); Jenkins v. Mayflower Ins. Exchange, 93 Ariz. 287, 290, 380 P.2d 145, 147 (1963), and we are bound by its rulings. See, e. g., General Trading Co. v. State Tax Comm'n, 322 U.S. 335, 337 (1944). Although the dissent seems unwilling to accept the Arizona Supreme Court's construction of the statute as expressive of the Act's primary purpose 11 [402 U.S. 637, 645] and indeed characterizes that construction as unfortunate, post, at 667, a reading of the provisions outlined above leaves the impression that the Arizona Court's [402 U.S. 637, 646] description of the statutory purpose is not only logical but persuasive. The sole emphasis in the Act is one of providing leverage for the collection of damages from [402 U.S. 637, 647] drivers who either admit that they are at fault or are adjudged negligent. The victim of another driver's carelessness, if he so desires, can exclude the superintendent entirely from the process of "deterring" a repetition of that driver's negligence. 12 Further, if an [402 U.S. 637, 648] accident is litigated and a special verdict that the defendant was negligent and the plaintiff contributorily negligent is entered, the result in Arizona, as in many other States, is that there is no liability for damages arising from the accident. Heimke v. Munoz, 106 Ariz. 26, 470 P.2d 107 (1970); McDowell v. Davis, 104 Ariz. 69, 448 P.2d 869 (1968). Under the Safety Responsibility Act, the apparent result of such a judgment is that no consequences are visited upon either driver although both have been found to have driven carelessly. See Ariz. Rev. Stat. Ann. 28-1143 (A) (4), 28-1144 (3). Moreover, there are no provisions requiring drivers proved to be careless to stay off the roads for a period of time. Nor are there provisions requiring drivers who have caused accidents to attend some kind of driver improvement course, a technique that is not unfamiliar in sentencing for traffic offenses.
Turning to the federal statute, the construction of the Bankruptcy Act is similarly clear. This Court on numerous occasions has stated that "[o]ne of the primary purposes of the bankruptcy act" is to give debtors "a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt." Local Loan Co. v. Hunt, 292 U.S. 234, 244 (1934). Accord, e. g., Harris v. Zion's Savings Bank & Trust Co., 317 U.S. 447, 451 (1943); Stellwagen v. Clum, 245 U.S. 605, 617 (1918); Williams v. United States Fidelity & Guaranty Co., 236 U.S. 549, 554 -555 (1915). There can be no doubt, given Lewis v. Roberts, 267 U.S. 467 (1925), that Congress intended this "new opportunity" to include freedom from most kinds of pre-existing tort judgments. [402 U.S. 637, 649]
With the construction of both statutes clearly established, we proceed immediately to the constitutional question whether a state statute that protects judgment creditors from "financially irresponsible persons" is in conflict with a federal statute that gives discharged debtors a new start "unhampered by the pressure and discouragement of preexisting debt." As early as Gibbons v. Ogden, 9 Wheat. 1 (1824), Chief Justice Marshall stated the governing principle - that "acts of the State Legislatures . . . [which] interfere with, or are contrary to the laws of Congress, made in pursuance of the constitution," are invalid under the Supremacy Clause. Id., at 211 (emphasis added). Three decades ago MR. JUSTICE BLACK, after reviewing the precedents, wrote in a similar vein that, while "[t]his Court, in considering the validity of state laws in the light of treaties or federal laws touching the same subject, ha[d] made use of the following expressions: conflicting; contrary to; occupying the field; repugnance; difference; irreconcilability; inconsistency; violation; curtailment; and interference[,] . . . [i]n the final analysis," our function is to determine whether a challenged state statute "stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress." Hines v. Davidowitz, 312 U.S. 52, 67 (1941). Since Hines the Court has frequently adhered to this articulation of the meaning of the Supremacy Clause. See, e. g., Nash v. Florida Industrial Comm'n, 389 U.S. 235, 240 (1967); Sears, Roebuck & Co. v. Stiffel Co., 376 U.S. 225, 229 (1964); Colorado Anti-Discrimination Comm'n v. Continental Air Lines, Inc., 372 U.S. 714, 722 (1963) (dictum); Free v. Bland, 369 U.S. 663, 666 (1962); Hill v. Florida, 325 U.S. 538, 542 -543 (1945); Sola Electric Co. v. Jefferson Electric Co., 317 U.S. 173, 176 (1942). Indeed, in Florida Lime & [402 U.S. 637, 650] Avocado Growers, Inc. v. Paul, 373 U.S. 132 (1963), a recent case in which the Court was closely divided, all nine Justices accepted the Hines test. Id., at 141 (opinion of the Court), 165 (dissenting opinion).
Both Kesler 13 and Reitz, however, ignored this controlling principle. The Court in Kesler conceded that Utah's financial responsibility law left "the bankrupt to some extent burdened by the discharged debt," 369 U.S., at 171 , made "it more probable that the debt will be paid despite the discharge," id., at 173, and thereby made "some inroad . . . on the consequences of bankruptcy . . . ." Id., at 171. Utah's statute, in short, frustrated Congress' policy of giving discharged debtors a new start. But the Kesler majority was not concerned by this frustration. In upholding the statute, the majority opinion did not look to the effect of the legislation but simply asserted that the statute was "not an Act for the Relief of Mulcted Creditors," id., at 174, and was "not designed to aid collection of debts but to enforce a policy against irresponsible driving . . . ." Id., at 169. The majority, that is, looked to the purpose of the state legislation and upheld it because the purpose was not to circumvent the Bankruptcy Act but to promote highway safety; those in dissent, however, were concerned that, whatever the purpose of the Utah Act, its "plain and inevitable effect . . . [was] to create a powerful weapon for collection of a debt from which [the] bankrupt [had] been released by federal law." Id., at 183. Such a result, they argued, left "the States free . . . to impair . . . an important and historic policy [402 U.S. 637, 651] of this Nation . . . embodied in its bankruptcy laws." Id., at 185.
The opinion of the Court in Reitz was similarly concerned, not with the fact that New York's financial responsibility law frustrated the operation of the Bankruptcy Act, but with the purpose of the law, which was divined as the promotion of highway safety. As the Court said:
We can no longer adhere to the aberrational doctrine of Kesler and Reitz that state law may frustrate the operation of federal law as long as the state legislature in passing its law had some purpose in mind other than [402 U.S. 637, 652] one of frustration. Apart from the fact that it is at odds with the approach taken in nearly all our Supremacy Clause cases, such a doctrine would enable state legislatures to nullify nearly all unwanted federal legislation by simply publishing a legislative committee report articulating some state interest or policy - other than frustration of the federal objective - that would be tangentially furthered by the proposed state law. In view of the consequences, we certainly would not apply the Kesler doctrine in all Supremacy Clause cases. Although it is possible to argue that Kesler and Reitz are somehow confined to cases involving either bankruptcy or highway safety, analysis discloses no reason why the States should have broader power to nullify federal law in these fields than in others. Thus, we conclude that Kesler and Reitz can have no authoritative effect to the extent they are inconsistent with the controlling principle that any state legislation which frustrates the full effectiveness of federal law is rendered invalid by the Supremacy Clause. Section 28-1163 (B) thus may not stand.
Even accepting the Supremacy Clause analysis of Kesler and Reitz - that is, looking to the purpose rather than the effect of state laws - those decisions are not dispositive of this case. Just as Kesler went a step beyond Reitz and broadened the holding of the earlier case, 369 U.S., at 184 (dissenting opinion), so in the present case the respondents asked the courts below and this Court to expand the holdings of the two previous cases. The distinction between Kesler and Reitz and this case lies in the State's expressed legislative purpose.
Kesler and Reitz were aberrational in their treatment of this question as well. The majority opinions in both cases assumed, without citation of state court authority or any indication that such precedent was unavailable, [402 U.S. 637, 653] that the purpose of the state financial responsibility laws there under attack was not provision of relief to creditors but rather deterrence of irresponsible driving. The assumption was, in effect, that all state legislatures which had enacted provisions such as 28-1163 (B) had concluded that an uninsured motorist about to embark in his car would be more careful on the road if he did not have available what the majority in Kesler cavalierly characterized as an "easy refuge in bankruptcy." 369 U.S., at 173 . 14 Passing the question of whether the Court gave sufficient attention to binding state interpretations of state legislative purpose and conceding that it employed proper technique in divining as obvious from their face the aim of the state enactments, the present case raises doubts about whether the Court was correct even in its basic assumptions. The Arizona Supreme Court has declared that Arizona's Safety Responsibility Act "has for its principal purpose the protection [402 U.S. 637, 654] of the public . . . from financial hardship" resulting from involvement in traffic accidents with uninsured motorists unable to respond to a judgment. Schecter v. Killingsworth, 93 Ariz., at 280, 380 P.2d, at 140. The Court in Kesler was able to declare, although the source of support is unclear, that the Utah statute could be upheld because it was "not an Act for the Relief of Mulcted Creditors" or a statute "designed to aid collection of debts." 369 U.S., at 174 , 169. But here the respondents urge us to uphold precisely the sort of statute that Kesler would have stricken down - one with a declared purpose to protect judgment creditors "from financial hardship" by giving them a powerful weapon with which to force bankrupts to pay their debts despite their discharge. Whereas the Acts in Kesler and Reitz had the effect of frustrating federal law but had, the Court said, no such purpose, the Arizona Act has both that effect and that purpose. Believing as we do that Kesler and Reitz are not in harmony with sound constitutional principle, they certainly should not be extended to cover this new and distinguishable case.
One final argument merits discussion. The dissent points out that the District of Columbia Code contains an anti-discharge provision similar to that included in the Arizona Act. Motor Vehicle Safety Responsibility Act of the District of Columbia, D.C. Code Ann. 40-464 (1967), 68 Stat. 132. In light of our decision today, the sum of the argument is to draw into question the constitutional validity of the District's anti-discharge section, for as noted in the dissent the Constitution confers upon Congress the power "[t]o establish . . . uniform Laws on the subject of Bankruptcies throughout the United States." U.S. Const., Art. I, 8, cl. 4 (emphasis [402 U.S. 637, 655] added). It is asserted that "Congress must have regarded the two statutes as consistent and compatible," post, at 665, but such an argument assumes a modicum of legislative attention to the question of consistency. The D.C. Code section does, of course, refer specifically to discharges, but its passage may at most be viewed as evidencing an opinion of Congress on the meaning of the general discharge provision enacted by an earlier Congress and interpreted by this Court as early as 1925. See Lewis v. Roberts, supra. In fact, in passing the initial and amended version of the District of Columbia financial responsibility law, Congress gave no attention to the interaction of the anti-discharge section with the Bankruptcy Act. 15 Moreover, the legislative history is [402 U.S. 637, 656] quite clear that when Congress dealt with the subject of financial responsibility laws for the District, it based its work upon the efforts of the uniform commissioners which had won enactment in other States. 16
Had Congress focused on the interaction between this minor subsection of the rather lengthy financial responsibility act and the discharge provision of the Bankruptcy Act, it would have been immediately apparent to the legislators that the only constitutional method for so defining the scope and effect of a discharge in bankruptcy was by amendment of the Bankruptcy Act, which by its terms is a uniform statute applicable in the States, Territories, and the District of Columbia. 11 U.S.C. 1 (29). To follow any other course would obviously be to legislate in such a way that a discharge in bankruptcy means one thing in the District of Columbia and something else in the States - depending on state law - a result explicitly prohibited by the uniformity requirement in the constitutional authorization to Congress to enact bankruptcy legislation.
From the foregoing, we think it clear that 28-1163 (B) of the Arizona Safety Responsibility Act is constitutionally invalid. The judgment of the Court of Appeals is reversed and the case is remanded for further proceedings consistent with this opinion.
[ Footnote 2 ] Under Ariz. Rev. Stat. Ann. 28-1143 (A), the owner or operator of a car involved in an accident need not post security as required by 28-1142 (Supp. 1970-1971): (1) if the accident caused injury or damage to no person or property other than the owner's car or the operator's person; (2) if the car was parked when involved in the accident, unless it was parked illegally or did not carry a legally sufficient complement of lights; (3) if the car was being driven or was parked by another without the owner's express or implied permission; (4) if prior to date for suspension the person whose license or registration would be suspended files with the superintendent a release, a final adjudication of nonliability, a confession of judgment, or some other written settlement agreement providing for payment, in installments, of an agreed amount of damages with respect to claims arising from the accident; or (5) if the driver at the time of the accident was driving a vehicle owned, operated, or leased by his employer with the employer's permission; in that case the security and suspension provisions apply only to the owner-employer's registration of vehicles not covered by insurance or other bond.
[ Footnote 3 ] This section further provides that the superintendent may employ suspension a second time as a means of enforcing payment should [402 U.S. 637, 641] there be a default on installment obligations arising under a confession of judgment or a written settlement agreement. Ariz. Rev. Stat. Ann 28-1144 (3).
[ Footnote 4 ] Ariz. Rev. Stat. Ann 28-1102 (Supp. 1970-1971) defines "judgment," for purposes of the Motor Vehicle Safety Responsibility Act, as "any judgment which has become final . . ., upon a cause of action arising out of the ownership, maintenance or use of a motor vehicle, for damages . . . or upon a cause of action on an agreement of settlement for such damages."
[ Footnote 5 ] Under Ariz. Rev. Stat. Ann. 28-1161 (B), a similar notice must also be forwarded to officials in the home State of a nonresident judgment debtor.
[ Footnote 6 ] "A. The superintendent upon receipt of a certified copy of a judgment, shall forthwith suspend the license and registration and nonresident operating privilege of a person against whom the judgment was rendered, except as otherwise provided in this section and 28-1165."
[ Footnote 7 ] Ariz. Rev. Stat. Ann. 28-1163 (A). Ariz. Rev. Stat. Ann. 28-1164 (Supp. 1970-1971) defines when a judgment is "paid." Ariz. Rev. Stat. Ann. 28-1165 sets forth a procedure for paying judgments in installments. Ariz. Rev. Stat. Ann. 28-1162 (B) provides that if a creditor consents in writing and the debtor furnishes proof of financial responsibility, see Ariz. Rev. Stat. Ann. 28-1167, the debtor's license and registration may be restored in the superintendent's discretion. After six months, however, the creditor's consent is revocable provided the judgment debt remains unpaid.
[ Footnote 8 ] Sections 28-1167 through 28-1178 set forth the requirements for various forms of proof. Under 28-1178, the judgment debtor is apparently able to regain his license and registration to operate a motor vehicle without proof of financial responsibility after three years from the date such proof was first required of him, if during that period the superintendent has not received any notice - and notice can come from other States - of a conviction or forfeiture of bail which would require or permit the suspension or revocation of the driver's license and if the individual is not involved in litigation arising from an accident covered by the security he posted. If the driver required to post financial security does so, and is involved as an owner or operator in another accident resulting in personal injury or property damage within one year prior to the date he requests permission to cancel his security, the superintendent may not permit cancellation.
[ Footnote 9 ] U.S. Const., Art. VI, cl. 2.
[ Footnote 10 ] Mr. and Mrs. Perez also alleged in their complaint that certain provisions of the Arizona Act imposed involuntary servitude in violation of the Thirteenth Amendment, and denied Fourteenth Amendment due process and equal protection. They also claimed that portions of the Arizona Act operated as a bill of attainder in violation of Art. I, 10, of the Constitution. The District Judge, in refusing to request the convening of a three-judge court, ruled that these constitutional claims were "obviously insubstantial." The Court of Appeals agreed. 421 F.2d 619, 625 (CA9 1970). Because [402 U.S. 637, 644] of our resolution of this case, we express no opinion as to the substantiality of any of petitioners' other constitutional claims.
[ Footnote 11 ] As discussed below, the majorities in Kesler and Reitz also seemed unwilling to be bound by, or even to look for, state court constructions of the financial responsibility laws before them. See [402 U.S. 637, 645] infra, at 652-654. It is clear, however, from even a cursory examination of decisions in other States that the conclusion of the Arizona Supreme Court as to the purpose of the financial responsibility law is by no means unusual. See, e. g., Sullivan v. Cheatham, 264 Ala. 71, 76, 84 So.2d 374, 378 (1955) ("The purpose of the [Motor Vehicle Safety-Responsibility] Act is clearly to require and establish financial responsibility for every owner or operator of a motor vehicle `in any manner involved in an accident.'. . . The Act is designed to protect all persons having claims arising out of highway accidents."); Escobedo v. State Dept. of Motor Vehicles, 35 Cal. 2d 870, 876, 222 P.2d 1, 5 (1950) ("[T]he state chose to allow financially irresponsible licensed operators to drive until they became involved in an accident with the consequences described in the [financial responsibility law] and their financial irresponsibility was thus brought to the attention of the department, and then to require suspension of their licenses."); People v. Nothaus, 147 Colo. 210, 215-216, 363 P.2d 180, 183 (1961) ("The requirement of C. R. S. '53, 13-7-7, that the director of revenue, `. . . shall suspend the license of each operator and all registrations of each owner of a motor vehicle in any manner involved in [an] accident . . .' unless such persons deposit a sum `sufficient in the judgment of the director . . .' to pay any damage which may be awarded, or otherwise show ability to indemnify the other party to the accident against financial loss, has nothing whatever to do with the protection of the public safety, health, morals or welfare. It is a device designated and intended to bring about the posting of security for the payment of a private obligation without the slightest indication that any legal obligation exists on the part of any person. The public gets no protection whatever from the deposit of such security. This is not the situation which we find in some states where the statutes require public liability insurance as a condition to be met before a driver's license will issue. Such statute protects the public. The statute before us is entirely different. In the matters to which we have particularly directed attention, C. R. S. '53, 13-7-7, is unconstitutional. On a matter so obviously basic and fundamental no additional citation of authority is required. We reach this conclusion notwithstanding the fact that other jurisdictions have seemingly overlooked basic constitutional guarantees which must be ignored in reaching an opposite conclusion."); [402 U.S. 637, 646] Dempsey v. Tynan, 143 Conn. 202, 208, 120 A. 2d 700, 703 (1956) ("The purpose of the legislature in enacting the financial responsibility provisions . . . was to keep off our highways the financially irresponsible owner or operator of an automobile who cannot respond in damages for the injuries he may inflict, and to require him, as a condition for securing or retaining a registration or an operator's license, to furnish adequate means of satisfying possible claims against him."); City of St. Paul v. Hoffmann, 223 Minn. 76, 77-78, 25 N. W. 2d 661, 662-663 (1946) ("The apparent objective of the safety responsibility act is to provide financial responsibility for injuries and damages suffered in motor vehicle traffic. It seeks to achieve its objective solely by the suspension of licenses. While its announced purpose is to promote safety of travel, its provisions take effect after an accident happens and subject drivers and owners of vehicles involved to suspension of their `licenses' unless liability insurance coverage equivalent to that required by the act is carried by the owner or driver of the vehicle. . . . The purpose of the act was to effect financial responsibility to injured persons."); Rosenblum v. Griffin, 89 N. H. 314, 318, 197 A. 701, 704 (1938) ("Two reasons were thought to avail for sustaining such a law. One was its character as a regulation of the use of public highways and the other was its capacity to secure public safety in dangerous agencies and operations. This latter reason has slight if any evidence for its factual support. Certainly, in the absence of known experience and statistics, it is doubtful whether the insured owner's car, driven either by himself or another, may be considered to be operated more carefully than one whose owner is uninsured. But protection in securing redress for injured highway travelers is a proper subject of police regulation, as well as protection from being injured. It is a reasonable incident of the general welfare that financially irresponsible persons be denied the use of the highway with their cars, regardless of the competency of themselves or others as the drivers."). For legislative statements to the effect that financial responsibility laws are designed to secure compensation for injured victims, see, e. g., Alaska Stat. 28.20.010 (1970); Gillaspie v. Department of Public Safety, 152 Tex. 459, 463, 259 S. W. 2d 177, 180 (1953) (quoting emergency clause enacted by the Texas Legislature in connection with its financial responsibility [402 U.S. 637, 647] law); S. Rep. No. 515, 83d Cong., 1st Sess., 2 (1953) (Report of the Senate Committee on the District of Columbia on the financial responsibility law proposed for the District).
[ Footnote 12 ] See Reitz, 314 U.S., at 40 -43 (DOUGLAS, J., dissenting).
Under Art. 3 of the Arizona Act, dealing with the posting of security for damages arising from a particular accident, the victim may cut the superintendent out by executing a release from liability or agreeing to some other written settlement or confession of judgment providing for payment of some damages, in installments or otherwise. Ariz. Rev. Stat. Ann. 28-1143 (A) (4) discussed in n. 2, supra. Assuming that such an agreement or confession of judgment providing for installment payments is filed with the superintendent, it prevents him from suspending driving privileges for failure to post the amount of financial security the superintendent determines to be necessary; however, if the careless driver later defaults on one installment, the victim may give notice to the superintendent, who must then use his power of suspension to either coerce full payment or the posting of security. Ariz. Rev. Stat. Ann. 28-1144 (3), discussed in n. 3, supra.
Under Art. 4, dealing with suspension for nonpayment of a judgment, the victim who has chosen to reduce his claim to judgment maintains substantial control over the suspension of driving privileges if the judgment remains unsatisfied 60 days after entry. He may consent that the judgment debtor's driving privileges not be suspended, but the debtor still must furnish proof of financial responsibility for the future. Ariz. Rev. Stat. Ann. 28-1162 (B). For an argument that a similar provision delegating to judgment creditors the right to choose which careless drivers who do not pay judgments shall escape suspension conflicts with the Bankruptcy Act see Kesler, 369 U.S., at 179 -182 (Warren, C. J., dissenting). If the judgment debtor is able to secure a discretionary court order permitting him to pay a judgment in installments under 28-1165 (A), the creditor may cause suspension of driving privileges until the judgment is fully satisfied by notifying the superintendent of any default in payment of the installments. Ariz. Rev. [402 U.S. 637, 648] Stat. Ann. 28-1165 (C). Again, however, the judgment debtor must still give proof of financial responsibility for the future. See Ariz. Rev. Stat. Ann. 28-1165 (B).
[ Footnote 13 ] Kesler also decided a jurisdictional question, holding that a Supremacy Clause challenge to a state statute was required to be heard by a three-judge district court under 28 U.S.C. 2281. See 369 U.S., at 155 -158. This jurisdictional part of the decision was overruled almost four years later in Swift & Co. v. Wickham, 382 U.S. 111, 116 (1965).
[ Footnote 14 ] It also seems clear that even under the logic of Kesler and Reitz Mrs. Perez should not have lost her driving privileges. She was not present when the accident occurred, and no act or omission on her part contributed to it. Because the automobile was community property under Arizona law and because judgment was confessed as to her in the Pinkerton negligence action, the Court of Appeals reasoned that loss of Mrs. Perez' license "is the price an Arizona wife must pay for negligent driving by her husband of the community vehicle" when the resulting judgment is not paid. 421 F.2d, at 624. The Kesler and Reitz assumption that depriving uninsured motorists of the full relief afforded by a discharge in bankruptcy would prompt careful driving is without foundation when applied to Mrs. Perez. As the Court of Appeals for the Third Circuit has stated in a recent decision involving similar facts:
[ Footnote 15 ] See S. Rep. No. 10, 74th Cong., 1st Sess. (1935); H. R. Rep. No. 208, 74th Cong., 1st Sess. (1935) (both presenting a summary of the provisions of the proposed statute dealing with "Financial Responsibility of Motor Vehicle Operators in the District of Columbia," but failing to mention the fact that a discharge in bankruptcy of an accident judgment would have no effect on suspension of driving privileges for failure to satisfy such judgment); H. R. Conf. Rep. No. 799, 74th Cong., 1st Sess. (1935) (Conference Report making no mention of anti-discharge provision); 79 Cong. Rec. 272-273 (Senate); 79 Cong. Rec. 3416-3417, 4621-4629, 4631-4641, 6556-6564 (House). Some members of the House, which debated some aspects of the financial responsibility law concept rather extensively in 1935, demonstrated in debate that they were totally unaware of any of the provisions designed to enforce payment of a judgment for injuries caused by the first accident of a financially irresponsible driver. See 79 Cong. Rec. 4624 (remarks of Reps. Fitzpatrick and Sisson); id., at 4625 (remarks of Rep. Hull).
When the present District of Columbia financial responsibility law was enacted in 1954, debate was much more limited and the reports of the House and Senate District Committees were quite brief. Except for the reading of the bill, no mention was made of the anti-discharge provision. See S. Rep. No. 515, 83d Cong., 1st Sess. (1953); H. R. Rep. No. 1448, 83d Cong., 2d Sess. (1954); 99 Cong. Rec. 8950-8951; 100 Cong. Rec. 6281-6287, 6347-6348.
[ Footnote 16 ] S. Rep. No. 10, 74th Cong., 1st Sess., 3 (1935); H. R. Rep. No. 208, 74th Cong., 1st Sess., 3 (1935); 79 Cong. Rec. 4626-4627 (remarks of Rep. Norton, chairman of the House District Committee). In reference to the present version of the financial responsibility act, see S. Rep. No. 515, 83d Cong., 1st Sess., 1 (1953); H. R. Rep. No. 1448, 83d Cong., 2d Sess., 2 (1954); 100 Cong. Rec. 6287 (remarks of Rep. Talle); id., at 6347 (remarks of Sen. Beall). [402 U.S. 637, 657]
MR. JUSTICE BLACKMUN, joined by THE CHIEF JUSTICE, MR. JUSTICE HARLAN, and MR. JUSTICE STEWART.
I concur in the result as to petitioner Emma Perez and dissent as to petitioner Adolfo Perez.
The slaughter on the highways of this Nation exceeds the death toll of all our wars. 1 The country is fragmented about the current conflict in Southeast Asia, but I detect little genuine public concern about what takes place in our very midst and on our daily travel routes. See Tate v. Short, 401 U.S. 395, 401 (1971) (concurring opinion).
This being so, it is a matter of deep concern to me that today the Court lightly brushes aside and overrules two cases where it had upheld a representative attempt by the States to regulate traffic and where the Court had considered and rejected the very Supremacy Clause argument that it now discovers to be so persuasive. 2
I think it is desirable to stress certain factual details. The facts, of course, are only alleged, but for purposes of the motion to dismiss, we are to accept them as true. Cooper v. Pate, 378 U.S. 546 (1964).
Arizona is a community property state. Adolfo and Emma Perez are husband and wife. They were resident citizens of Arizona at the time of the accident in Tucson in July 1965. Mr. Perez was driving an automobile registered in his name. He was alone. Mrs. Perez was not with him and had nothing to do with her husband's [402 U.S. 637, 658] operation of the car on that day. The automobile, however, was the property of the marital community.
Accompanying, and supposedly supportive of, the Perez complaint in the present suit, were affidavits of Mr. and Mrs. Perez. These affidavits asserted that the Perezes had four minor children ages 6 to 17; that Emma is a housewife and not otherwise gainfully employed; that Emma's inability to drive has required their two older children, aged 17 and 14, to walk one and a half miles to high school and the third child, aged 9, one mile to elementary school, with consequent nosebleeding; that Emma's inability to drive has caused inconvenience and financial injury; and that Adolfo's inability to drive has caused inconvenience because he must rely on others for transportation or use public facilities or walk.
The challenged 28-1163 (B) is a part of the Motor Vehicle Safety Responsibility Act. The Act's provisions are not unfamiliar. There is imposed upon the Motor [402 U.S. 637, 659] Vehicle Division Superintendent the duty to suspend the license of each operator, and the registration of each owner, of a motor vehicle involved in an accident resulting in bodily injury or death or property damage to any one person in excess of $100, except, among other situations, where proof of financial responsibility, as by the deposit of appropriate security or by the presence of a liability policy of stated minimum coverage, is afforded. 28-1142 (Supp. 1970-1971), 28-1143, and 28-1167. The suspension, once imposed, remains until the required security is deposited or until one year has elapsed and no action for damages has been instituted. 28-1144. If the registrant or operator fails, within 60 days, to satisfy an adverse motor vehicle final judgment, as defined in 28-1102 (2) (Supp. 1970-1971), the court clerk has the duty to notify the Superintendent and the latter to suspend the license and registration of the judgment debtor. 28-1161 (A) and 28-1162 (A). But if the judgment creditor consents in writing that the debtor be allowed to retain his license and registration, the Superintendent in his discretion may grant that privilege. 28-1162 (B). Otherwise the suspension remains in effect until the judgment is satisfied. 28-1163 (A). Payments of stated amounts are deemed to satisfy the judgment, 28-1164 (Supp. 1970-1971), and court-approved installment payment of the judgment will preserve the license and registration, 28-1165.
Adolfo emphasizes, and I recognize, that under Art. I, 8, cl. 4, of the Constitution, Congress has possessed the power to establish "uniform Laws on the subject of Bankruptcies throughout the United States"; that, of course, this power, when exercised, as it has been since 1800, is "exclusive," New Lamp Chimney Co. v. Ansonia Brass & Copper Co., 91 U.S. 656, 661 (1876), and "unrestricted and paramount," International Shoe Co. v. Pinkus, 278 U.S. 261, 265 (1929); that one of the purposes of the Bankruptcy Act is to "relieve the honest debtor from the weight of oppressive indebtedness and permit him to start afresh . . .," Williams v. United States Fidelity & Guaranty Co., 236 U.S. 549, 554 -555 (1915); and that a bankrupt by his discharge receives "a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt," Local Loan Co. v. Hunt, 292 U.S. 234, 244 (1934).
From these general and accepted principles it is argued that 28-1163 (B), with its insistence upon post-discharge payment as a condition for license and registration restoration, is violative of the Bankruptcy Act and, thus, of the Supremacy Clause.
As Mr. Perez acknowledges in his brief here, the argument is not new. It was raised with respect to a New York statute in Reitz v. Mealey, 314 U.S. 33 (1941), and was rejected there by a five-to-four vote:
Nine years ago, the same argument again was advanced, this time with respect to Utah's Motor Vehicle Safety Responsibility Act, and again was rejected. Kesler v. Department of Public Safety, 369 U.S. 153, 158 -174 (1962). There, Utah's provisions relating to duration of suspension and restoration, more stringent than those of New York, were challenged. It was claimed that the statutes made the State a "collecting agent for the creditor rather than furthering an interest in highway safety," [402 U.S. 637, 662] and that suspension that could be perpetual "only renders the collection pressure more effective." 369 U.S., at 169 . There was a troublesome jurisdictional issue in the case, the decision as to which was later overruled, Swift & Co. v. Wickham, 382 U.S. 111, 124 -129 (1965), but on the merits the Court, by a five-to-three vote, sustained all the Utah statutes then under attack: 4
The Perezes in their brief, p. 7, acknowledge that the Arizona statutes challenged here "are not unlike the Utah ones discussed in Kesler." Accordingly, Adolfo Perez is forced to urge that Reitz and the remaining portion of Kesler that bears upon the subject be overruled. The Court bows to that argument.
I am not prepared to overrule those two cases and to undermine their control over Adolfo Perez' posture here. I would adhere to the rulings and I would hold that the States have an appropriate and legitimate concern with highway safety; that the means Arizona has adopted with respect to one in Adolfo's position (that is, the driver whose negligence has caused harm to others and whose judgment debt based on that negligence remains unsatisfied) in its attempt to assure driving competence and care on the part of its licensees, as well as to protect others, is appropriate state legislation; and that the Arizona statute, like its Utah counterpart, despite the tangential effect upon bankruptcy, does not operate in derogation of the Bankruptcy Act or conflict with it to the extent it may rightly be said to violate the Supremacy Clause.
Other factors of significance are also to be noted:
1. The Court struggles to explain away the parallel District of Columbia situation installed by Congress itself. Section 40-464 of the D.C. Code Ann. (1967) in all pertinent parts is identical with Arizona's 28-1163 (B). The only difference is in the final word, namely, "article" in the Arizona statute and "chapter" in the District's. The District of Columbia statute was enacted as 48 of Pub. Law 365 of May 25, 1954, effective one year later, 68 Stat. 132. This is long after the Bankruptcy Act [402 U.S. 637, 665] was placed on the books and, indeed, long after this Court's decision in Lewis v. Roberts, 267 U.S. 467 (1925), that a personal injury judgment is a provable claim in bankruptcy. Surely, as the Court noted in Kesler, 369 U.S., at 173 -174, "Congress had no thought of amending the Bankruptcy Act when it adopted this law for the District of Columbia." See Lee v. England, 206 F. Supp. 957 (DC 1962). Congress must have regarded the two statutes as consistent and compatible, and cannot have thought otherwise for the last 35 years. 5 If the statutes truly are in tension, then I would suppose that the later one, that is, 40-464, would be the one to prevail. Gibson v. United States, 194 U.S. 182, 192 (1904). But, if so, we then have something less than the "uniform Laws on the subject of Bankruptcies throughout the United States" that Art. I, 8, cl. 4, of the Constitution commands, for the law would be one way in Arizona (and, by the present overruling of Reitz and Kesler, in New York and in Utah) and the other way in the District of Columbia. Unfortunately, such is the dilemma in which the Court's decision today leaves us.
2. Arizona's 28-1163 (B) also has its counterparts in the statutes of no less than 44 other States. 6 It is, after [402 U.S. 637, 666] all, or purports to be, a uniform Act. I suspect the Court's decision today will astonish those members of the Congress who were responsible for the District of Columbia Code provision, and will equally astonish the legislatures of those 44 States that absorbed assurance from Reitz and Kesler that the provision withstands constitutional attack.
3. The Court rationalizes today's decision by saying that Kesler went beyond Reitz and that the present case goes beyond Kesler, and that that is too much. It would justify this by noting the Arizona Supreme Court's characterization of the Arizona statute as one for the protection of the public from financial hardship and by concluding, [402 U.S. 637, 667] from this description, that the statute is not a public highway safety measure, but rather a financial one protective, I assume the implication is, of insurance companies. The Arizona court's characterization of its statute, I must concede, is not a fortunate one. However, I doubt that that court, in evolving that description, had any idea of the consequences to be wrought by this Court's decision today. I am not willing to say that the description in Schecter v. Killingsworth, 93 Ariz. 273, 380 P.2d 136 (1963), embraced the only purpose of the State's legislation. Section 28-1163 (B) is a part of the State's Motor Vehicle Safety Responsibility Act and does not constitute an isolated subchapter of that Act concerned only with financial well-being of the victims of drivers' negligence. In any event, as the Court's opinion makes clear, the decision today would be the same however the Arizona court had described its statute.
4. While stare decisis "is no immutable principle," 7 as a glance at the Court's decisions over the last 35 years, or over almost any period for that matter, will disclose, it seems to me that the principle does have particular validity and application in a situation such as the one confronting the Court in this case. Here is a statute concerning motor vehicle responsibility, a substantive matter peculiarly within the competence of the State rather than the National Government. Here is a serious and conscientious attempt by a State to legislate and do something about the problem that, in terms of death and bodily injury and adverse civilian effect, is so alarming. Here is a statute widely adopted by the several States and legitimately assumed by the lawmakers of those States to be consistent with the Bankruptcy Act, an assumption rooted in positive, albeit divided, decision [402 U.S. 637, 668] by this Court, not once, but twice. And here is a statute the Congress itself, the very author of the Bankruptcy Act, obviously considered consistent therewith. I fear that the Court today makes stare decisis meaningless and downgrades it to the level of a tool to be used or cast aside as convenience dictates. I doubt if Justices Roberts, Stone, Reed, Frankfurter, Murphy, Warren, Clark, HARLAN, BRENNAN, and STEWART, who constituted the respective majorities on the merits in Reitz and Kesler, were all that wrong.
5. Adolfo's affidavit protestation of hardship goes no further than to assert a resulting reliance upon friends and neighbors or upon public transportation or upon walking to cover the seven miles from his home to his place of work; this is inconvenience, perhaps, even in this modern day when we are inclined to equate convenience with necessity and to eschew what prior generations routinely accepted as part of the day's labor, but it falls far short of the "great harm" and "irreparable injury" that he otherwise asserts only in general and conclusory terms. Perez' professed inconvenience stands vividly and starkly in contrast with his victims' injuries. But as is so often the case, the victim, once damaged, is seemingly beyond concern. What seems to become important is the perpetrator's inconvenience.
6. It is conceded that Arizona constitutionally could prescribe liability insurance as a condition precedent to the issuance of a license and registration.
At this point a glance at the Arizona community property system perhaps is indicated. Emma Perez was a proper nominal defendant in the Pinkerton lawsuit, see Donato v. Fishburn, 90 Ariz. 210, 367 P.2d 245 (1961), but she was not a necessary party there. First National Bank v. Reeves, 27 Ariz. 508, 517, 234 P. 556, 560 (1925); Bristol v. Moser, 55 Ariz. 185, 190-191, 99 P.2d 706, 709 (1940). However, a judgment against a marital community based upon the husband's tort committed without the wife's knowledge or consent does not bind her separate property. Ruth v. Rhodes, 66 Ariz. 129, 138, 185 P.2d 304, 310 (1947). The judgment would, of course, bind the community property vehicle to the extent permitted by Arizona law. See 33-1124.
In Arizona during coverture personal property may be disposed of only by the husband. 25-211 (B). The community personalty is subject to the husband's dominance in management and control. Mortensen v. Knight, 81 Ariz. 325, 334, 305 P.2d 463, 469 (1956). The wife has no power to make contracts binding the common property. 25-214 (A). Her power to contract is limited to necessaries for herself and the children. 25-215. Thus, as the parties appear to agree, she could neither enter into a contract for the purchase of an automobile nor acquire insurance upon it except by use of her separate property. [402 U.S. 637, 670]
The Court of Appeals ruled that Mrs. Perez' posture, as the innocent wife who had no connection with the negligent conduct that led to the confession and entry of judgment, was, under the logic of Kesler and Reitz, "a distinction without a significant difference" even though "she had no alternative." 421 F.2d 619, 622-623. The court opined that the spouse can acquire an automobile with her separate funds and that negligent operation of it on separate business would then not call into question the liability of the other spouse. It described Emma's legal status as "closely analogous" to that of the automobile owner who permits another person to drive, and it regarded as authority cases upholding a State's right to revoke the owner's license and registration after judgment had been entered against him and remains unsatisfied. The husband was described, under Arizona law, as the managing agent of the wife in the control of the community automobile, and "the driver's licenses of both husband and wife are an integral part of the ball of wax, which is the basis of the Arizona community property laws." The loss of her license "is the price an Arizona wife must pay for negligent driving by her husband of the community vehicle" when the resulting judgment is not paid. 421 F.2d, at 624.
For what it is worth, Emma's affidavit is far more persuasive of hardship than Adolfo's. She relates the family automobile to the children and their medical needs and to family purchasing at distant discount stores. But I need not, and would not, decide her case on the representations in her affidavit.
I conclude that the reasoning of the Court of Appeals, in its application to Emma Perez and her operator's license, does not comport with the purpose and policy of the Bankruptcy Act and that it effects a result at odds with the Supremacy Clause. Emma's subordinate [402 U.S. 637, 671] position with respect to the community's personal property, and her complete lack of connection with the Pinkerton accident and with the negligence that occasioned it, are strange accompaniments for the deprival of her operator's license. The nexus to the state police power, claimed to exist because of her marriage to the negligent Adolfo and the community property character of the accident vehicle, is, for me, elusive and unconvincing. The argument based on Arizona's appropriate concern with highway safety, that prompts me to adhere to the Reitz-Kesler rationale for Adolfo, is drained of all force and persuasion when applied to the innocent Emma. Despite the underlying community property legal theory, Emma had an incident of ownership in the family automobile only because it was acquired during coverture. She had no "control" over Adolfo's use of the vehicle and she could not forbid his use as she might have been able to do were it her separate property. Thus, the state purpose in deterring the reckless driver and his unsafe driving has only undeserved punitive application to Emma. She is personally penalized not only with respect to the operation of the Perez car but also with respect to any automobile.
I therefore would hold that under these circumstances the State's action, under 28-1163 (B), in withholding from Emma her operator's license is not, within the language of Reitz, an appropriate means for Arizona "to insure competence and care on the part of [Emma] and to protect others" using the highways, 314 U.S., at 36 , and that it interferes with the paramount federal interest in her bankruptcy discharge and violates the Supremacy Clause.
[For Appendix to opinion of BLACKMUN, J., see post, p. 672.] [402 U.S. 637, 672]
[ Footnote 1 ] See Appendix to this opinion, post, p. 672.
[ Footnote 2 ] The petitioners urge upon us only the Supremacy Clause.
[ Footnote 3 ] In 1943 some of the motor vehicle uniform laws were "withdrawn from active promulgation pending further study" by the National Conference of Commissioners on Uniform State Laws. 9B U. L. A. Table III, xix, xxii, xxiii. See Mr. Justice Frankfurter's detailed review of the development of state legislation and of the uniform laws in this field in Kesler v. Department of Public Safety, 369 U.S. 153, 158 -168 (1962).
[ Footnote 4 ] Mr. Chief Justice Warren, dissenting in part, would have upheld the Utah statutes other than that "which gives to a creditor the discretion of determining if and when driving privileges may be restored by the State . . . ." 369 U.S., at 179 -182.
[ Footnote 5 ] Public Law 365 replaced the Act of May 3, 1935, 49 Stat. 166, known as the Owners' Financial Responsibility Act of the District of Columbia. Section 3 of the earlier Act provided, 49 Stat. 167, that a judgment's discharge in bankruptcy, as distinguished from other discharge, would not relieve the judgment debtor from suspension.
[ Footnote 6 ] Ala. Code, Tit. 36, 74 (55) (Supp. 1969); Alaska Stat. 28.20.350 (1962); Ark. Stat. Ann. 75-1457 (1957); Cal. Vehicle Code 16372 (1960); Colo. Rev. Stat. Ann. 13-7-25 (2) (Supp. 1965); Conn. Gen. Stat. Rev. 14-131 (1966); Del. Code Ann., Tit. 21, 2943 (1953); Hawaii Rev. Stat. 287-17 (1968); Idaho Code 49-1514 (1967); Ill. Ann. Stat., c. 95 1/2, 7-310 (1971); Iowa Code 321A.14 (2) (1971); Kan. Stat. Ann. 8-744 (b) (1964); Ky. Rev. Stat. 187.420 (1962); La. Rev. Stat. Ann. [402 U.S. 637, 666] 32:893 (1963); Me. Rev. Stat. Ann., Tit. 29, 783 (6) (1964) (10 years); Md. Ann. Code, Art. 66 1/2, 7-315 (1970); Mich. Comp. Laws 257.513 (b) (Supp. 1956); Minn. Stat. 170.33, subd. 5 (1967); Miss. Code Ann. 8285-14 (b) (1942); Mo. Rev. Stat. 303.110 (1959); Mont. Rev. Codes Ann. 53-431 (1961); Neb. Rev. Stat. 60-519 (1968); Nev. Rev. Stat. 485.303 (1968); N. H. Rev. Stat. Ann. 268:9 (1966); N. J. Stat. Ann. 39:6-35 (Supp. 1971); N. M. Stat. Ann. 64-24-78 (1960); N. Y. Veh. & Traf. Law 337 (c) (1970); N.C. Gen. Stat. 20-279.14 (Supp. 1969); N. D. Cent. Code 39-16.1-04 (5) (Supp. 1969); Ohio Rev. Code Ann. 4509.43 (Supp. 1970); Okla. Stat. Ann., Tit. 47, 7-315 (1962); Pa. Stat. Ann., Tit. 75, 1414 (1960); R. I. Gen. Laws Ann. 31-32-15 (1969); S. C. Code Ann. 46-748 (Supp. 1960); S. D. Comp. Laws Ann. 32-35-58 (1967); Tenn. Code Ann. 59-1236 (1968); Tex. Rev. Civ. Stat. Ann., Art. 6701h, 14 (b) (1969); Utah Code Ann. 41-12-15 (1953); Vt. Stat. Ann., Tit. 23, 802 (b) (1967); Va. Code Ann. 46.1-444 (a) (4) (Supp. 1970) (15 years); Wash. Rev. Code Ann. 46.29.380 (1967); W. Va. Code Ann. 17D-4-6 (1966); Wis. Stat. 344.26 (2) (1967) [cf. Zywicke v. Brogli, 24 Wis. 2d 685, 130 N. W. 2d 180 (1964)]; Wyo. Stat. Ann. 31-299 (1967).
See also Fla. Stat. Ann. 324.131 (1968) and Op. Atty. Gen. 059-200 (1959); Ga. Code Ann. 92A-605 (e) (3) (Supp. 1970); Ind. Ann. Stat. 47-1049 (1965) and Op. Atty. Gen. 1936, p. 272; Mass. Gen. Laws Ann., c. 90, 22A (Supp. 1971); Ore. Rev. Stat. 486.211 (5) (1967).
[ Footnote 7 ] MR. JUSTICE DOUGLAS, dissenting, in Swift & Co. v. Wickham, 382 U.S., at 133 . [402 U.S. 637, 673]
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SOUTH BEND, Ind. – A former University of Oklahoma starting quarterback was one of two people killed when a small aircraft smashed into a house in northern Indiana, officials said Monday.
St. Joseph County Coroner Randy Magdalinski identified the victims of Sunday's crash in South Bend as 60-year-old Steven Davis and 58-year-old Wesley Caves, both of Tulsa, Okla.
It was the same Davis who played quarterback for the Sooners in the 1970s, according to an Oklahoma athletics official who spoke on condition of anonymity because the school had not yet announced the death.
Caves owned the Beechcraft Premier I twin-jet that clipped two houses before slamming into a third home and screaming to a halt Sunday afternoon. Caves had a pilot's license, but it was not immediately clear if he was flying the plane when it crashed.
Davis went 32-1-1 as the Sooners' starter from 1973 to 1975, starting every game of Barry Switzer's first three seasons as head coach. Oklahoma tied Southern Cal in the second game of the 1973 season, then ran off 28 straight victories with Davis under center. The Sooners went 11-0 in 1974, then won the national title again the following year after going 11-1.
The plane leaked enough fuel in the crash to force the evacuation of hundreds of people from surrounding homes. The front part of the fuselage sat wedged inside the house just southwest of the South Bend Regional Airport where the pilot had tried to land the plane Sunday afternoon, minutes before the crash.
Two others on board the plane survived, South Bend Assistant Fire Chief John Corthier said. South Bend Memorial Hospital spokeswoman Maggie Scroope said Monday that Jim Rogers was in serious condition and Christopher Evans was in fair condition.
A woman who was injured on the ground, Diana McKeown, was in fair condition, Scroope said.
Authorities evacuated and cut the power to several homes in the neighborhood after fuel leaked from the jet's engine into the basement of the home creating a "very dangerous" situation, Corthier said. Everyone in the neighborhood has been accounted for, he said.
One neighbor described her terror as the plane bore down on her home.
"I was looking out my picture window," said Mary Jane Klaybor, who lives across the street from the crash site. "This (plane) was coming straight at my house. I went, `Huh?' and then there was a big crash, and all the insulation went flying."
She said: "I saw the plane, then I heard the boom."
The plane began its journey in Tulsa, Okla. It is registered to 7700 Enterprises in Helena, Mont., which does business in Tulsa as DigiCut Systems and is owned by Caves.
Mike Daigle, executive director of the St. Joseph County Airport Authority, said the plane attempted a landing at the South Bend airport about 4:15 p.m., then went back up and maneuvered south to try another landing, but eight minutes later the airport learned the plane was no longer airborne.
He provided no information to indicate if the pilot said the plane was experiencing mechanical trouble. Daigle said Monday he has no firsthand knowledge about what caused the crash.
National Transportation Safety Board investigator Todd Fox arrived at the scene late Sunday. He said his agency will be looking for the cause of the crash and "to identify and remedy any issues that could have prevented this accident."

subset: commoncrawl


text:
Monday, October 5, 2009
Did The Increased Use Of Relief Pitching Cause A Decline In Clutch Hitting?
The table below shows the AL AVG in both CL and NCL for the given periods. I broke things down by 3 year periods because there was alot of volatility from year to year (the Retrosheet data on this in the AL starts in 1953 and 1952 for the NL). The period averages are simple averages. The DIFF column is just the first minus the second and the last column is the percentage of games not completed.
You can see that the difference has generally gotten more negative over time as the percentage of games not completed has increased (a proxy for the use of relief pitching). I was surprised to find that there were years when the AVG in CL situations was higher than in NCL situations. The next graph shows relationship between the last two columns from the table above.
The r-squared in the graph refers to the percentage of variation in clutch hitting (CL - NCL) explained by the percentage of games not completed (%NCG). It was 71.94%. Now the same two tables for the NL.
Interesting that the r-squared is so much lower in the NL. No reason comes to mind.
The next set of graphs does the same thing for ISO in the AL.
The .8652 seems very high. 86.52% of the variation in clutch is explained by the change in games not completed. Now for the NL.
7 comments:
Very interesting data. Really tells an important story.
On NL/AL difference, perhaps the DH accounts for that? In the NL, pitchers are being removed for pinch hitters at times, not only because the manager believes a reliever can be more effective.
Did you try looking at number of pitchers per team as a measure of relief pitcher usage? It may be no better than NCG%, but it might be more a more sensitive measure, especially in recent years when the NCG% can't go much higher.
- October 6, 2009 at 9:49 AM
- Cyril Morong said...
Thanks for dropping by and commenting. Glad you liked it.
You may be right about the DH. But I am just not sure. Maybe it means that the good relievers pitch more in the AL since they don't get removed for pinch hitters?
I also tried using % of batters faced by relievers. The correlations were generally higher. I will try to post those results today sometime. I think that is better than pitchers per team.
- October 6, 2009 at 10:32 AM
I don't think the issue is relievers getting to pitch longer in the AL, though that might be a small factor. More likely to explain the difference is that it's much more common for a good starter to be removed in the NL (because team elects to pinch hit). That narrows the gap between clutch and non-clutch hitting, which in turn gives you a weaker relationship to reliever use. Note that the clutch/non-clutch gap is much larger in the AL.
- October 6, 2009 at 11:19 AM
- Cyril Morong said...
Makes sense. Thanks.
- October 6, 2009 at 11:31 AM
- Cyril Morong said...
If I use % of batters faced by relievers instead of % of games not completed, the r-squareds for the NL were
AVG .6 (up from .55)
ISO .666 (also up from .55)
In the AL it was
AVG .679 (down from .712)
ISO .733 (down from .865)
I sure don't know why things go in different directions for the two leagues. It looks like the gains in the NL are more than outweighed by the losses in the AL.
- October 6, 2009 at 6:07 PM
- Phil Birnbaum said...
So this is another way of saying that relievers used in clutch situations are better than other pitchers in the league, right?
Which raises an interesting question: why is that? Where were all these great relievers 40 and 50 years ago? Were they still in the league, but as starters?
- October 9, 2009 at 8:29 AM
- Cyril Morong said...
Thanks for commenting. I think you are at least partly right. It seems like every team's (or almost every team's) closer is better than average. Part of it might be more platoon advantages for pitchers late in games and also a batter does not get to face a tired pitcher he has seen 3-4 times already. I don't have an answer to your other questions, though. I hope someone can figure them out be because we might learn something important.
- October 9, 2009 at 8:38 AM


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SNAICC is undertaking research and resource development work in support of improving compliance with the Aboriginal and Torres Strait Islander Child Placement Principle. SNAICC is therefore pleased that in support of this, Arnold Bloch Liebler a law firm in Melbourne has documented the sections of state and territory legislation that incorporate the Principle.
The Aboriginal or Torres Strait Islander child placement principle (ATSICPP) recognises the importance of Aboriginal and Torres Strait Islander children in out of home care staying connected to family and culture. It also recognises of the destructive impact of historic policies of assimilation and forced and unjustified removal of children on Aboriginal and Torres Strait Islander peoples.
In each jurisdiction the ATSICPP is part of child protection legislation and requires a similar descending order of placement for children who need to be in out of home care. The first preference under the principle is to place the child with their extended family or kinship group, the second preference with their local community and the third preference with another Aboriginal and Torres Strait Islander family in the area. Once all of these options have been fully explored, the fourth preference is a non-family and non-Aboriginal or Torres Strait Islander placement. Implementation of the Principle also requires that relevant Aboriginal or Torres Strait Islander organisations be consulted about the child's placement and that children are assisted to keep in contact with their family, language and culture.


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LightBox Marketing & Design
Brownsville, TX, United States
The Lightbox Designs is the online studio of Miguel Collis, a multi-discipline graphic designer based from Brownsville, Texas, providing design and strategic consulting services such as web design, graphic design, logo design.
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text: Back Carbon Dioxide (Blood) Does this test have other names? Carbon dioxide content, CO2 content, carbon dioxide blood test, bicarbonate blood test, bicarbonate test What is this test? This test measures the amount of carbon dioxide in your blood. When you digest food, your body makes carbon dioxide as a waste product in the form of gas. Your blood carries this gas to your lungs, where you exhale it and breathe in oxygen thousands of times a day. Normally, carbon dioxide in your bloodstream causes no problems, but if you have far too much or too little of it, you may have a disease or a medical emergency. Most of the carbon dioxide in your body is in the form of bicarbonate, which is made by your kidneys. Bicarbonate is used to keep the acids and bases in your blood in balance. The test measures all types of carbon dioxide in your blood – bicarbonate, carbonic acid, and dissolved CO2 – so it gives only an approximation of the bicarbonate concentration. Why do I need this test? You may need this test if you are having trouble breathing, especially if you feel confused and disoriented. You may also need this test if your doctor suspects that you have a lung, liver, or digestive disease. This is because your body uses carbon dioxide to maintain a healthy balance of acid-base, or pH, and electrolytes. These diseases are linked to altered blood bicarbonate levels. You may also have this test if your doctor wants to check the progress of a disease linked to blood bicarbonate levels, such as Cushing syndrome. You may also have this test to look at any side effects of drugs like metformin that may lead to acidosis. What other tests might I have along with this test? Your doctor may also order an electrolyte panel, which measures your sodium, potassium, and chloride levels. What do my test results mean? Many things may affect your lab test results. These include the method each lab uses to do the test. Even if your test results are different from the normal value, you may not have a problem. To learn what the results mean for you, talk with your health care provider. Results are given in millimoles per liter (mmol/L). Normal values are 22 to 29 mmol/L in adults. Higher levels of carbon dioxide may mean you have: Metabolic alkalosis, or too much bicarbonate in your blood Cushing syndrome Hyperaldosteronism, an adrenal gland disorder Kidney failure Lower levels of carbon dioxide may mean you have: Metabolic acidosis, or your blood overly acidic Addison's disease, an adrenal gland disorder Ketoacidosis Lactic acidosis How is this test done? The test requires a blood sample, which is drawn through a needle from a vein in your arm. Does this test pose any risks? Taking a blood sample with a needle carries risks that include bleeding, infection, bruising, or feeling dizzy. When the needle pricks your arm, you may feel a slight stinging sensation or pain. Afterward, the site may be slightly sore. What might affect my test results? Certain medicines can affect your results. How do I get ready for this test? You don't need to prepare for this test. But be sure your doctor knows about all medicines, herbs, vitamins, and supplements you are taking. This includes medicines that don't need a prescription and any illicit drugs you may use.


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SEATTLE — U.S. Development Group is seeking permits to build an oil terminal on the Washington coast that could handle about 45,000 barrels of crude oil a day.
The $80 million proposal at the Port of Grays Harbor is one of several in Washington that together would bring millions of barrels of oil by train from the Bakken region of North Dakota and Montana.
The increase in oil shipments by rail have raised concerns about public safety, the potential for oil spills and the ability of local communities to respond to accidents.
About 17 million barrels of oil were shipped across Washington state last year — mostly to refineries in Anacortes and Cherry Point near Bellingham. That number is expected to triple this year, according to U.S. Sen. Patty Murray, D-Wash., who chaired a congressional hearing Wednesday on oil shipments by train.
"We need to have the right policies in place to prevent accidents and respond to emergencies when they do happen," Murray said at the hearing.
Since the boom in oil production began in 2008, there have been at least four major accidents involving trains carrying crude from the Bakken region. In July, a train derailed, killing 47 people and torching a large section of downtown Lac-Megantic, Quebec.
Charla Skaggs, a spokeswoman for U.S. Development, said the company has a proven safety record and is committed to safety on the project at Grays Harbor.
The Texas-based U.S. Development has developed over a dozen bulk liquid facilities in the U.S., and "they have an exemplary safety record," Skaggs said. "They've operated very safe facilities for years, and that's their commitment at Grays Harbor."
The Grays Harbor Rail Terminal project would bring about one unit train to the facility every two days. A unit train typically has 120 rail cars and each car can hold about 28,000 gallons.
The company filed permit applications Monday with the city of Hoquiam, Skaggs said. The state Department of Ecology and the city are expected to begin an environmental review process.
"It's a terrible idea," said Kristen Boyles, an attorney with Earthjustice representing the Quinault Indian Nation, which is worried about the impacts of oil shipment and storage. "We're talking about a third project with massive increases of crude oil coming in by rail and all those risks."
She said oil would be stored in a fragile shoreline area, and billions of barrels of oil would travel through the Grays Harbor estuary, a thriving area for tribal and commercial fishing.
The Grays Harbor Rail Terminal is the third such proposed at the Port of Grays Harbor.
Two separate projects proposed in Grays Harbor by Westway Terminal Company and Imperium Renewables this month began the first steps of an environmental review. The Quinault tribe and local environmental groups successfully challenged permits there were initially issued to those projects last year.
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Last year I had the unforgettable experience of staying in Kelly Wearstler's Malibu mansion for a photoshoot. I can tell you, everything this woman designs is unique, artistic, and seriously special… kind of like Of a Kind.
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A boy 'n a girl were playing together. The boy had a collection of marbles. The girl had some sweets with her.
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If you don't give your hundred percent in a relationship, you'll always keep doubting if the other person has given his/her hundred percent.


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Available Add-ons to Ninja Inferno with Travel Case (purchased separately)
- Atomos Power Kit ATOMPWRKT: includes 2x NP-F750 5200mAh batteries, Charger, Power Supply
- Atomos Full Accessory Kit for Monitor / Recorders ATOMACCKIT: includes HPRC hard flight case, Control cable, 2 x 5200mAh battery, Fast charger, usb docking station, DC to D-Tap cable, 4x Master Caddy II case, Power Supply, HDR Sunhood
|Without batteries & media
|630g / 22.2oz
|With batteries & media
|1074g / 37.9oz
|Dimensions (W x H x D mm)
|214 x 127 x 45mm, 8.4 x 5 x 1.8"
|High quality lightweight ABS Polycarbonate for durability & portability
|Built-in armor protection
|Operating power
|Compatible batteries
|NP-F series and supporting accessories
|Input voltage (battery)
|6.2V to 16.8V
|Battery time (based on 7.4V)
|5200mAh – up to 1.5hrs (monitor & record 4K 30p)
|7800mAh – up to 2.2hrs (monitor & record 4K 30p)
|DC In
|1 x DC in (6.2 – 16.8V)
|Continuous power
* Patent pending
|Primary-secondary battery system.
Change batteries without losing power
Loop batteries continuously
|1920 x 1200
|Aspect ratio
|16:9 native
|Color Gamut
|Look up table (LUT) support
|3D LUT (.cube format)
|Anamorphic de-squeeze
|2x, 1.5x, 1.33x, Panasonic 8:3
|SuperAtom IPS panel (capacitive touch),
calibration to Rec.709 with optional calibration unit
|Supported Log formats
|Sony SLog2 / SLog3, Canon CLog / CLog 2, Arri Log C,
Panasonic Vlog, JVC JLog, Red LogFilm
|Supported Gamuts
|Sony SGamut / SGamut3 / SGamut3.cine
Canon Cinema / BT2020 / DCI P3 / DCI P3
Panasonic V Gamut
Arri Alexa Wide Gamut
|Bit depth
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|1500nit ( /- 10%)
|HDR input (PQ/HLG)
HDR output (PQ/HLG)
|Yes / Yes
Yes / Yes
|Video Input/Loop Out
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|Uncompressed true 10-bit or 8-bit 422
(camera dependent)
|Video Output (Play Out)
|1 x HDMI (2.0)
|Uncompressed true 10-bit or 8-bit 422
(playback file dependent)
|Supported Loop Out Formats
|HDMI to HDMI
|720p 50/60, 1080i 50/60,
1080p 24/25/30/50/60/100/120
2160p 24/25/30/50/60
|Supported Codecs & Frame Rates (Record & Playback)
|Video to ProRes / DNxHR
(DNx utilizes a .MOV wrapper)**
|Brand / Model / Codec
Refer camera compatibility list; atomos.com/cameras
|Resolution / Framerate
4K DCI; 24/25/30/50/60p
|Onboard Processing
|Pulldown removal
|24/25/30pSF > 24/25/30p (2:2 pulldown)
60i > 24p (3:2 pulldown)
|4K UHD downscaling
|Yes – Loop-out and playback
|Audio In/Out (48kHz PCM Audio)
|2 or 8ch 24-bit, camera dependent
|2ch balanced XLR analog in/out
Dynamic range >90dB
Max signal level 24dBu
Max analog gain 52dB
48V Phantom Power for Mic
|Remote Start/Stop
|Auto HDMI Trigger
Supported Protocols – Canon, Sony, Atomos Open Standard
|LANC control – Slave
|CDNG (Recorded content)
|ProRes (Recorded content)
|All recorded les can playback. Playback in slow motion >= 100fps
|DNxHR / DNxHD (recorded content)
|All recorded les can playback. Playback in slow motion >= 100fps
|Pre-roll record
|Yes (HD 8s, 4K 2s)
|Custom timelapse
|Meta data tagging
|Yes (10 tags available)
|Supported media
(Approved List at Atomos.com/drives)
|Select SSD: Video (4K 30p, 1080 60p)
Select SSD or HDD: Video (1080 30p, 720 60p)
|Master caddy case
|Master Caddy II (included)
75mm x 105mm x 12mm
|Master caddy dock
|2.5" SATA to USB 2.0/3.0
|Supported applications
|Supported Applications FCPX/FCP7 / Media Composer
5.0 / Premiere 5.5
EDIUS 6.0 / Vegas Pro 10 / Lightworks /
Autodesk Smoke 2015
|XML support
|FCPX XML native, FCPX/Adobe limited supported with 3rd party conversion tools
|Accessories included
|Ninja Inferno unit, 12V-3A AC adapter, 1 x Master Caddy II, Travel case
All specifications correct when published, subject to E&OE.
24/30/60 frame rates also means 23.98/29.97/59.94 frame rates for all resolution
*** No HDMI spec for 2K DCI
^ From supported HDMI sources such as gaming consoles and graphics cards.
- Ninja Inferno unit
- Soft Travel Case
- 1x Master Caddy Case
- 1x power supply
- Atomos Power Kit ATOMPWRKT: includes 2x NP-F750 5200mAh batteries, Charger, Power Supply
- Atomos Full Accessory Kit for Monitor / Recorders ATOMACCKIT: includes HPRC hard flight case, Control cable, 2 x 5200mAh battery, Fast charger, usb docking station, DC to D-Tap cable, 4x Master Caddy II case, Power Supply, HDR Sunhood