MALLORY v. NORFOLK SOUTHERN RAILWAY CO.
No. 21-1168
Supreme Court of the United States
June 27, 2023
600 U.S. 122
GORSUCH, J.
CERTIORARI TO THE SUPREME COURT OF PENNSYLVANIA, EASTERN DISTRICT. Arguеd November 8, 2022. REBECCA A. WOMELDORF, REPORTER OF DECISIONS.
MALLORY v. NORFOLK SOUTHERN RAILWAY CO.
CERTIORARI TO THE SUPREME COURT OF PENNSYLVANIA, EASTERN DISTRICT
No. 21-1168. Argued November 8, 2022-Decided June 27, 2023
Robert Mallory worked for Norfolk Southern as a freight-car mechanic for nearly 20 years, first in Ohio, then in Virginia. After he left the company, Mr. Mallory moved to Pennsylvania for a period before returning to Virginia. Along the way he was diagnosed with cancer. Because he attributed his illness to his work at Norfolk Southern, Mr. Mallory sued his former employer under the Federal Employers’ Liability Act,
The Pennsylvania Supreme Court sided with Norfolk Southern. That court found that the Pennsylvania law-requiring an out-of-state firm to answer in the Commonwealth any suits against it in exchange for status as a registered foreign corporation and the benefits that entails-violates the Due Process Clause.
Held: The judgment is vacated, and the case remanded. This case is controlled by Pennsylvaniа Fire Ins. Co. of Philadelphia v. Gold Issue Mining & Milling Co., 243 U. S. 93. Much like the Missouri law that the Court in Pennsylvania Fire found to comport with the Due Process
Pennsylvania Fire held that suits premised on these grounds do not deny a defendant due process of law. Mr. Mallory no longer lives in Pennsylvania and his cause of action did not accrue there. But none of that makes any difference. To decide this case, the Court need not speculate whether any other statutory scheme and set of facts would suffice to establish consent to suit. It is enough to acknowledge that the state law and facts before the Court fall squarely within Pennsylvania Fire‘s rule.
In the proceedings below, the Pennsylvania Supreme Court seemed to recognize that Pennsylvania Fire dictated an answer in Mr. Mallory‘s favor but ruled for Norfolk Southern because, in its view, intervening decisions from this Court had “implicitly overruled” Pennsylvania Fire. See 266 A. 3d, at 559, 567. That was error. As this Court has explained: “If a precedent of this Court has direct application in a case,” as Pennsylvania Fire does here, a lower court “should follow the case which directly controls, leaving to this Court the prerogative of overruling its own decisions.” Rodriguez de Quijas v. Shearson/American Express, Inc., 490 U. S. 477, 484. This is true even if the lower court thinks the precedent is in tension with “some other line of decisions.” Ibid. Pp. 134-136.
266 A. 3d 542, vacated and remanded.
GORSUCH, J., announced the judgment of the Court, delivered the opinion of the Court with respect to Parts I and III-B, in which THOMAS, ALITO, SOTOMAYOR, and JACKSON, JJ., joined, and an opinion with respect to Parts II, III-A, and IV, in which THOMAS, SOTOMAYOR, and JACKSON, JJ., joined. JACKSON, J., filed a concurring opinion, post, p. 147. ALITO, J., filed an opinion concurring in part and concurring in the judgment, post, p. 150. BARRETT, J., filed a dissenting opinion, in which ROBERTS, C. J., and KAGAN and KAVANAUGH, JJ., joined, post, p. 163.
Ashley Keller argued the cause for petitioner. With him on the briefs were Warren Postman, Matthew A. Seligman, Daniel C. Levin, Frederick S. Longer, and Zina Bash.
Carter G. Phillips argued the cause for respondent. With him on the brief were Tobias Loss-Eaton, Ralph G. Wellington, Bruce P. Merenstein, Daniel B. Donahoe, and Ira L. Podheiser.
Deputy Solicitor Gannon argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Prelogar, Principal Deputy Assistant Attorney General Boynton, Vivek Suri, Sharon Swingle, and Joshua M. Koppel.*
*Briefs of amici curiae urging reversal were filed for the Academy of Rail Labor Attorneys by Lawrence M. Mann, William L. Myers, Jr., and Robert E. Myers; for the American Association for Justice by Jeffrey R. White; for the Center for Auto Safety et al. by Larry E. Coben and Michael Brooks; for the Pennsylvania Association for Justice by Ruxandra M. Laidacker and Charles L. Becker; and for Public Citizen by Scott L. Nelson and Allison M. Zieve. Briefs of amici curiae urging vacatur were filed for Civil Procedure Professors by Alan B. Morrison; and for Stephen E. Sachs by Mr. Sachs, pro se.
Briefs of amici curiae urging affirmance were filed for the Commonwealth of Virginia by Jason S. Miyares, Attorney General of Virginia, Chuck Slemp, Chief Deputy Attorney General, Andrew N. Ferguson, Solicitor General, Erika L. Maley, Principal Deputy Solicitor General, Lucas W. E. Croslow, Deputy Solicitor General, and Annie Chiang, Assistant Solicitor General, and by the Attorneys General for their respective States as follows: Treg Taylor of Alaska, Leslie Rutledge of Arkansas, Lawrence G. Wasden of Idaho, Todd Rokita of Indiana, Austen Knudsen of Montana, John Formella of New Hampshire, and Alan Wilson of South Carolina; for the Associatiоn of American Railroads by Thomas H. Dupree, Jr., Jacob T. Spencer, and Daniel Saphire; for the Atlantic Legal Foundation by Lawrence S. Ebner; for the Chamber of Commerce of the United States of America et al. by Peter B. Rutledge and Jennifer B. Dickey, Mark Behrens, and Richard Pianka; for the DRI Center for Law and Public Policy et al. by Zach Chaffee-McClure; for the National Association of Manufacturers et al. by Philip S. Goldberg and Linda E. Kelly; for the Pennsylvania Coalition for Civil Justice Reform et al. by James M. Beck; for the Washington Legal Foundation by John M. Masslon II and Cory L. Andrews; for Lea Brilmayer by Scott A. Eisman, Timothy P. Harkness,
Briefs of amici curiae were filed for Scholars on Corporate Registration and Jurisdiction by Andrew S. Pollis; for United Policyholders by George M. Plews, Peter M. Racher, Kevin M. Toner, Christopher E. Kozak, and Richard B. Oatis; and for U. S. Terror Victims by Eric Citron.
JUSTICE GORSUCH announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I and III-B, and an opinion with respect to Parts II, III-A, and IV, in which JUSTICE THOMAS, JUSTICE SOTOMAYOR, and JUSTICE JACKSON join.
Imagine a lawsuit based on recent events. A few months ago, a Norfolk Southern train derailed in Ohio near the Pennsylvania border. Its cargo? Hazardous chemicals. Some poured into a nearby creek; some burst into flames. In the aftermath, many residents reported unusual symptoms.1 Suppose an Ohio resident sued the train conductor seeking compensation for an illness attributed to the accident. Suppose, too, that the plaintiff served his complaint on the conductor across the border in Pennsylvania. Everyone before us agrees a Pennsylvania court could hear that lawsuit consistent with the Due Process Clause of the Fourteenth Amendment. The court could do so even if the conductor was a Virginia resident who just happened to be passing through Pennsylvania when the process server caught up with him.
Now, change the hypothetical slightly. Imagine the same Ohio resident brought the same suit in the same Pennsylvania state court, but this time against Norfolk Southern. Assume, too, the company has filed paperwork consenting to appear in Pennsylvania courts as a condition of registering to do business in the Commonwealth. Could a Pennsylvania court hear that case too? You might think so. But today,
I
Robert Mallory worked for Norfolk Southern as a freight-car mechanic for nearly 20 years, first in Ohio, then in Virginia. During his time with the company, Mr. Mallory contends, he was responsible for spraying boxcar pipes with asbestos and handling chemicals in the railroad‘s paint shop. He also demolished car interiors that, he alleges, contained carcinogens.
After Mr. Mallory left the company, he moved to Pennsylvania for a period before returning to Virginia. Along the way, he was diagnosed with cancer. Attributing his illness to his work for Norfolk Southern, Mr. Mallory hired Pennsylvania lawyers and sued his former employer in Pennsylvania state court under the Federal Employers’ Liability Act, 35 Stat. 65, as amended,
Norfolk Southern resisted Mr. Mallory‘s suit on constitutional grounds. By the time he filed his complaint, the company observed, Mr. Mallory resided in Virginia. His complaint alleged that he was exposed to carcinogens in Ohio and Virginia. Meanwhile, the company itself was incorporated in Virginia and had its headquarters there too.2 On these facts, Norfolk Southern submitted, any effort by a Pennsylvania court to exercise personal jurisdiction over it would offend the Due Process Clause of the Fourteenth Amendment.
Ultimately, the Pennsylvania Supreme Court sided with Norfolk Southern. Yes, Mr. Mallory correctly read Pennsylvania law. It requires an out-of-state firm to answer any suits against it in exchange for status as a registered foreign corporation and the benefits that entails. Id., at 561-563. But, no, the court held, Mr. Mallory could not invoke that law because it violates the Due Process Clause. Id., at 564-568. In reaching this conclusion, the Pennsylvania Supreme Court acknowledged its disagreement with the Georgia Supreme Court, which had recently rejected a similar due process argument from a corporate defendant. Id., at 560, n. 13 (citing Cooper Tire & Rubber Co. v. McCall, 312 Ga. 422, 863 S. E. 2d 81 (2021)).
In light of this split of authority, we agreed to hear this case and decide whether the Due Process Clause of the Fourteenth Amendment prohibits a State from requiring an out-of-state corporation to consent to personal jurisdiction to do business there. 596 U. S. ___ (2022).3
The question before us is not a new one. In truth, it is a very old question-and one this Court resolved in Pennsylvania Fire Ins. Co. of Philadelphia v. Gold Issue Mining & Milling Co., 243 U. S. 93 (1917). There, the Court unanimously held that laws like Pennsylvania‘s comport with the Due Process Clause. Some background helps explain why the Court reached the result it did.
Both at the time of the founding and the Fourteenth Amendment‘s adoption, the Anglo-American legal tradition recognized that a tribunal‘s competence was generally constrained only by the “territorial limits” of the sovereign that created it. J. Story, Commentaries on the Conflict of Laws § 539, pp. 450-451 (1834) (Story); see also United States v. Union Pacific R. Co., 98 U. S. 569, 602-603 (1879). That principle applied to all kinds of actions, but cashed out differently based on the object of the court‘s attention. So, for example, an action in rem that claimed an interest in immovable property was usually treated as a “local” action that could be brought only in the jurisdiction where the property was located. 3 W. Blackstone, Commentaries on the Laws of England 117-118, 294 (1768). Meanwhile, an in personam suit against an individual “for injuries that might have happened any where” was generally considered a “transitory” action that followed the individual. Id., at 294. All of which meant that a suit could be maintained by anyone on any claim in any place the defendant could be found. Story § 538, at 450.
American courts routinely followed these rules. Chief Justice Marshall, for one, was careful to distinguish between local and transitory actions in a case brought by a Virginia plaintiff against a Kentucky defendant based on a fraud perpetrated in Ohio. Massie v. Watts, 6 Cranch 148, 162-163 (1810).
This rule governing transitory actions still applies to natural persons today. Some call it “tag” jurisdiction. And our leading case applying the rule is not so old. See Burnham v. Superior Court of Cal., County of Marin, 495 U. S. 604 (1990). The case began with Dennis Burnham‘s business trip to California. Id., at 608 (plurality opinion). During his short visit, Mr. Burnham‘s estranged wife served him with a summons to appear in California state court for divorce proceedings. Ibid. This Court unanimously approved the state court‘s exercise of personal jurisdiction over Mr. Burnham as consistent with the Due Process Clause-and did so even though the Burnhams had spent nearly all their married life in New Jersey and Mr. Burnham still resided there. See id., at 607-608, 616-619; id., at 628 (White, J., concurring in part and concurring in judgment); id., at 635-639 (Brennan, J., concurring in judgment); id., at 640 (Stevens, J., concurring in judgment).
As the use of the corporate form proliferated in the 19th century, the question arose how to adapt the traditional rule about transitory actions for individuals to artificial persons created by law. Unsurprisingly, corporations did not relish the prospect of being haled into court for any claim anywhere they conducted business. “No one, after all, has ever liked greeting the proсess server.” Ford Motor Co. v. Montana Eighth Judicial Dist. Court, 592 U. S. 351, ___ (2021) (GORSUCH, J., concurring in judgment). Corporations chartered in one State sought the right to send their sales agents and products freely into other States. At the same time, when confronted with lawsuits in those other States, some firms sought to hide behind their foreign character
Lawmakers across the country soon responded to these stratagems. Relevant here, both before and after the Fourteenth Amendment‘s ratification, they adopted statutes requiring out-of-state corporations to consent to in-state suits in exchange for the rights to exploit the local market and to receive the full range of benefits enjoyed by in-state corporations. These statutes varied. In some States, out-of-state corporate defendants were required to agree to answer suits brought by in-state plaintiffs. See, e. g.,
III
A
Unsurprisingly, some corporations challenged statutes like these on various grounds, due process included. And, ultimately, one of these disputes reached this Court in Pennsylvania Fire.
That case arose this way. Pennsylvania Fire was an insurance company incorporated under the laws of Pennsylvania. In 1909, the company executed a contract in Colorado to insure a smelter located near the town of Cripple Creek owned by the Gold Issue Mining & Milling Company, an Arizona corporation. Gold Issue Min. & Milling Co. v. Penn-
The Missouri Supreme Court disagreed. It first observed that Missouri law required any out-of-state insurance company “desiring to transact any business” in the State to file paperwork agreeing to (1) appoint a state official to serve as the company‘s agent for service of process, and (2) accept service on that official as valid in any suit. Id., at 543, 184 S. W., at 1003 (internal quotation marks omitted). For more than a decade, Pennsylvania Fire had complied with the law, as it had “desir[ed] to transact business” in Missouri “pursuant to the laws thereof.” Id., at 545, 184 S. W., at 1003. And Gold Issue Mining had served process on the appropriate state official, just as the law required. See id., at 535, 184 S. W., at 1000.
As to the law‘s constitutionality, the Missouri Supreme Court carefully reviewed this Court‘s precedents and found they “clearly” supported “sustain[ing] the proceeding.” Id., at 569, 576, 184 S. W., at 1010, 1013; see id., at 552-576, 601, 184 S. W., at 1005-1013, 1020-1021. The Missouri Supreme Court explained that its decision was also supported by “the origin, growth, and history of transitory actions in England, and their importation, adoption, and expansion” in America. Id., at 578-586, 184 S. W., at 1013-1016. It stressed, too,
Dissatisfied with this answer, Pennsylvania Fire turned here. Writing for a unanimous Court, Justice Holmes had little trouble dispatching the company‘s due process argument. Under this Court‘s precedents, there was “no doubt” Pennsylvania Fire could be sued in Missouri by an out-of-state plaintiff on an out-of-state contract because it had agreed to accept service of process in Missouri on any suit as a condition of doing business there. Pennsylvania Fire, 243 U. S., at 95. Indeed, the Court thought the matter so settled by existing law that the case “hardly” presented an “open” question. Ibid. The Court acknowledged that the outcome might have been different if the corporation had never appointed an agent for service of process in Missouri, given this Court‘s earlier decision in Old Wayne Mut. Life Assn. of Indianapolis v. McDonough, 204 U. S. 8 (1907). But the Court thought that Old Wayne had “left untouched” the principle that due process allows a corporation to be sued on any claim in a State where it has appointed an agent to receive whatever suits may come. 243 U. S., at 95-96. The Court found it unnecessary to say more because the company‘s objections had been resolved “at length in the judgment of the court below.” Id., at 95.
That assessment was understandable. Not only had the Missouri Supreme Court issued a thoughtful opinion. Not only did a similar rule apply to transitory actions against individuals. Other leading judges, including Learned Hand
B
Pennsylvania Fire controls this case. Much like the Missouri law at issue there, the Pennsylvania law at issue here provides that an out-of-state corporation “may not do business in this Commonwealth until it registers with” the Department of State.
Norfolk Southern has complied with this law for many years. In 1998, the company registered to do business in Pennsylvania. Acting through its Corporate Secretary as a
Pennsylvania Fire held that suits premised on these grounds do not deny a defendant due process of law. Even Norfolk Southern does not seriously dispute that much. It concedes that it registered to do business in Pennsylvania, that it established an office there to receive service of process, and that in doing so it understood it would be amenable to suit on any claim. Tr. of Oral Arg. 62; post, at 150-151 (ALITO, J., concurring in part and concurring in judgment); post, at 148 (JACKSON, J., concurring). Of course, Mr. Mallory no longer lives in Pennsylvania and his cause of actiоn did not accrue there. But none of that makes any more difference than the fact that Gold Issue Mining was not from Missouri (but from Arizona) and its claim did not arise there (but in Colorado). See Pennsylvania Fire, 267 Mo., at 537, 184 S. W., at 1001. To decide this case, we need not speculate whether any other statutory scheme and set of facts would suffice to establish consent to suit. It is enough to
In the proceedings below, the Pennsylvania Supreme Court seemed to recognize that Pennsylvania Fire dictated an answer in Mr. Mallory‘s favor. Still, it ruled for Norfolk Southern anyway. It did so because, in its view, intervening decisions from this Court had “implicitly overruled” Pennsylvania Fire. See 266 A. 3d, at 559, 567. But in following that course, the Pennsylvania Supreme Court clearly erred. As this Court has explained: “If a precedent of this Court has direct application in a case,” as Pennsylvania Fire does here, a lower court “should follow the case which directly controls, leaving to this Court the prerogative of overruling its own decisions.” Rodriguez de Quijas v. Shearson/American Express, Inc., 490 U. S. 477, 484 (1989). This is true even if the lower court thinks the precedent is in tension with “some other line of decisions.” Ibid.5
IV
Now before us, Norfolk Southern candidly asks us to do what the Pennsylvania Supreme Court could not-overrule
A
Start with how Norfolk Southern sees things. On the company‘s telling, echoed by the dissent, International Shoe held that the Due Process Clause tolerates two (and only two) types of personal jurisdiction over a corporate defendant. First, “specific jurisdiction” permits suits that “arise out of or relate to” a corporate defendant‘s activities in the forum State. Ford Motor Co., 592 U. S., at ___. Second, “general jurisdiction” allows all kinds of suits against a corporation, but only in States where the corporation is incorporated or has its “principal place оf business.” Id., at ___. After International Shoe, Norfolk Southern insists, no other bases for personal jurisdiction over a corporate defendant are permissible. Brief for Respondent 13-15; see post, at 164-166 (BARRETT, J., dissenting).
But if this account might seem a plausible summary of some of our International Shoe jurisprudence, it oversimplifies matters. Here is what really happened in International Shoe. The State of Washington sued a corporate defendant in state court for claims based on its in-state activities even though the defendant had not registered to do business in Washington and had not agreed to be present and accept service of process there. 326 U. S., at 312-313. Despite this, the Court held that the suit against the company comported with due process. In doing so, the Court reasoned that the Fourteenth Amendment “permit[s]” suits
In reality, then, all International Shoe did was stake out an additional road to jurisdiction over out-of-state corporations. Pennsylvania Fire held that an out-of-state corporation that has consented to in-state suits in order to do business in the forum is susceptible to suit there. International Shoe held that an out-of-state corporation that has not consented to in-state suits may also be susceptible to claims in the forum State based on “the quality and nature of [its] activity” in the forum. 326 U. S., at 319. Consistent with all this, our precedents applying International Shoe have long spoken of the decision as asking whether a state court may exercise jurisdiction over a corporate defendant “that has not consented to suit in the forum.” Goodyear Dunlop Tires Operations, S. A. v. Brown, 564 U. S. 915, 927-928 (2011) (emphasis added); see also Daimler AG v. Bauman, 571 U. S. 117, 129 (2014). Our precedents have recognized, too, that “express or implied consent” can continue to ground personal jurisdiction-and consent may be manifested in various ways by word or deed. Sеe, e. g., Insurance Corp. of Ireland v. Compagnie des Bauxites de Guinee, 456 U. S. 694, 703 (1982); BNSF R. Co. v. Tyrrell, 581 U. S. 402, 415 (2017). See also post, at 152-153 (opinion of ALITO, J.).6
Given all this, it is no wonder that we have already turned aside arguments very much like Norfolk Southern‘s. In Burnham, the defendant contended that International Shoe implicitly overruled the traditional tag rule holding that individuals physically served in a State are subject to suit there for claims of any kind. 495 U. S., at 616 (plurality opinion).
B
Norfolk Southern offers several replies, but none persuades. The company begins by pointing to this Court‘s decision in Shaffer. There, as the company stresses, the Court indicated that “prior decisions... inconsistent with” International Shoe “are overruled.” Brief for Respondent 35 (quoting Shaffer, 433 U. S., at 212, n. 39); post, at 177-178 (opinion of BARRETT, J.). True as that statement may be, however, it only poses the question whether Pennsylvania Fire is “inconsistent with” International Shoe. And, as we have seen, it is not. Instead, the latter decision expanded upon the traditional grounds of personal jurisdiction recog-
Next, Norfolk Southern appeals to the spirit of our age. After International Shoe, it says, the “primary concern” of the personal jurisdiction analysis is “[t]reating defendants fairly.” Brief for Respondent 19 (internal quotation marks omitted). And on the company‘s telling, it would be “unfair” to allow Mr. Mallory‘s suit to proceed in Pennsylvania because doing so would risk unleashing “local prejudice” against a company that is “not local” in the eyes of the community.” Id., at 19-21.
But if fairness is what Norfolk Southern seeks, pause for a moment to measure this suit against that standard. When Mr. Mallory brought his claim in 2017, Norfolk Southern had registered to do business in Pennsylvania for many years. It had established an office for receiving service of process. It had done so pursuant to a statute that gave the company the right to do business in-state in return for agreeing to answer any suit against it. And the company had taken full advantage of its opportunity to do business in the Commonwealth, boasting of its presence this way:
All told, when Mr. Mallory sued, Norfolk Southern employed nearly 5,000 people in Pennsylvania. It maintained more than 2,400 miles of track across the Commonwealth. Its 70-acre locomotive shop there was the largest in North America. Contrary to what it says in its brief here, the company even proclaimed itself a proud part of “the Pennsylvania Community.” Ibid. By 2020, too, Norfolk Southern managed more miles of track in Pennsylvania than in any other State. Brief for Public Citizen as Amicus Curiae 21. And it employed more people in Pennsylvania than it did in Virginia, where its headquarters was located. Ibid. Nor are we conjuring these statistics out of thin air. The company itself highlighted its “intrastate activities” in the proceedings below. 266 A. 3d, at 560, 563 (discussing the firm‘s “extensive operations in Pennsylvania,” including “2,278 miles of track,” “eleven rail yards,” and “three locomotive repair shops“). Given all this, on what plausible account could International Shoe‘s concerns with “fair play and substantial justice” require a Pennsylvania court to turn aside Mr. Mallory‘s suit? See post, at 153-154 (opinion of ALITO, J.).9
That leaves Norfolk Southern one final stand. It argues that it has not really submitted to proceedings in Pennsylvania. Brief for Respondent 11-13; see post, at 167-168, 170 (opinion of BARRETT, J.). The company does not dispute that it has filed paperwork with Pennsylvania seeking the right to do business there. It does not dispute that it has established an office in the Commonwealth to receive service of process on any claim. It does not dispute that it appreciated the jurisdictional consequences attending these actions and proceeded anyway, presumably because it thought the benefits outweighed the costs. But, in the name of the Due Process Clause, Norfolk Southern insists we should dismiss all that as a raft of meaningless formalities.10
Consider, too, just a few other examples. A defendant who appears “specially” to contest jurisdiction preserves his defense, but one who forgets can lose his. See York v. Texas, 137 U. S. 15, 19-21 (1890). Failing to comply with certain pretrial court orders, signing a contract with a forum selection clause, accepting an in-state benefit with jurisdictional strings attached—all these actions as well can carry with them profound consequences for personal jurisdiction. See Insurance Corp. of Ireland, 456 U. S., at 703-706 (collecting cases); see also post, at 147-148 (opinion of JACKSON, J.).
two cases that did not involve personal jurisdiction or purport to interpret the Due Process Clause. Post, at 170 (citing Home Ins. Co. v. Morse, 20 Wall. 445 (1874); Barron v. Burnside, 121 U. S. 186 (1887)). The dissent‘s observation that one of those cases in turn cited Lafayette Ins. Co. v. French, 18 How. 404 (1856), hardly helps—that decision approved a consent-to-suit regime for out-of-state corporations under the Full Faith and Credit Clause. Id., at 405-407. At other points, however, and as we have seen, the dissent rightly acknowledges that a ““variety of legal arrangements [may] represent express or implied consent” to personal jurisdiction consistent with due process, and these arrangements can include state laws requiring at least some companies to consent to suit in exchange “for access to [a State‘s] markets.” Post, at 167, 168.
*
*
*
Not every case poses a new question. This case poses a very old question indeed—one this Court resolved more than a century ago in Pennsylvania Fire. Because that decision remains the law, the judgment of the Supreme Court of Pennsylvania is vacated, and the case is remanded.
It is so ordered.
I agree with the Court that this case is straightforward under our precedents. I write separately to say that, for me, what makes it so is not just our ruling in Pennsylvania Fire Ins. Co. of Philadelphia v. Gold Issue Mining & Mill. Co., 243 U. S. 93 (1917). I also consider our ruling in Insurance Corp. of Ireland v. Compagnie des Bauxites de Guinee, 456 U. S. 694 (1982), to be particularly instructive.
In Insurance Corp. of Ireland, this Court confirmed a simple truth: The due process “requirement of personal jurisdiction” is an individual, waivable right. Id., at 703. The requirement exists, we said, to ensure that the forum State has sufficient contacts with a defendant, such that ““the maintenance of the suit [does] not offend ‘traditional notions of fair play and substantial justice.‘“” Ibid. (quoting International Shoe Co. v. Washington, 326 U.S. 310, 319 (1945)). We noted further that the interstate federalism concerns informing that right are “ultimately a function of the individual liberty interest” that this due process right preserves. 456 U. S., at 703, n. 10. Because the personal-jurisdiction right belongs to the defendant, however, we explained that a defendant can choose to “subject [itself] to powers from which [it] may otherwise be protected.” Ibid. When that happens, a State can exercise jurisdiction over the defendant consistent with the Due Process Clause, even if our personal-jurisdiction cases would normally preclude the State from subjecting a defendant to its authority under the circumstances presented. Ibid.
Waiver is thus a critical feature of the personal-jurisdiction analysis. And there is more than one way to waive personal-jurisdiction rights, as Insurance Corp. of Ireland also clarified. A defendant can waive its rights by explicitly or implicitly consenting to litigate future disputes in a particular State‘s courts. Id., at 703-704. A defendant might also fail to follow specific procedural rules, and end up waiving the right to object to personal jurisdiction as a
Regardless of whether a defendant relinquishes its personal-jurisdiction rights expressly or constructively, the basic teaching of Insurance Corp. of Ireland is the same: When a defendant chooses to engage in behavior that “amount[s] to a legal submission to the jurisdiction of the court,” the Due Process Clause poses no barrier to the court‘s exercise of personal jurisdiction. 456 U. S., at 704-705.
In my view, there is no question that Norfolk Southern waived its personal-jurisdiction rights here. As the Court ably explains, Norfolk Southern agreed to register as a foreign corporation in Pennsylvania in exchange for the ability to conduct business within the Commonwealth and receive associated benefits. Ante, at 134-135; see also post, at 151 (ALITO, J., concurring in part and concurring in judgment). Moreover, when Norfolk Southern made that decision, the jurisdictional consequences of registration were clear. See
Nor was Norfolk Southern compelled to register and submit itself to the general jurisdiction of Pennsylvania courts simply because its trains passed through the Commonwealth. See, e. g.,
In other areas of the law, we permit States to ask defendants to waive individual rights and safeguards. See, e. g., Brady v. United States, 397 U. S. 742, 748 (1970) (allowing plea bargains to waive a defendant‘s trial rights and the right against self-incrimination); Barker v. Wingo, 407 U. S. 514, 529, 536 (1972) (waiver of speedy trial rights). Moreover, when defendants do so, we respect that waiver decision and hold them to that choice, even though the government could not have otherwise bypassed the rules and procedures those rights protect. Insisting that our general-jurisdiction precedents preclude Pennsylvania from subjecting corporations to suit within its borders—despite their waiver of the protections those precedents entail—puts the personal-jurisdiction requirement on a pedestal. But there is nothing “unique about the requirement of personal jurisdiction [that] prevents it frоm being waived like other [individual] rights.” Insurance Corp. of Ireland, 456 U. S., at 706.
In short, Insurance Corp. of Ireland makes clear that the personal-jurisdiction requirement is an individual, waivable right, and I agree with the Court that Norfolk Southern waived that right by choosing to register as a foreign corporation under the circumstances presented in this case. Therefore, I perceive no due process problem with the registration statute at issue here.
The sole question before us is whether the Due Process Clause of the Fourteenth Amendment is violated when a large out-of-state corporation with substantial operations in a State complies with a registration requirement that conditions the right to do business in that State on the registrant‘s submission to personal jurisdiction in any suits that are brought there. I agree with the Court that the answer to this question is no. Assuming that the Constitution allows a State to impose such a registration requirement, I see no reason to conclude that such suits violate the corporation‘s right to ““fair play and substantial justice.“” International Shoe Co. v. Washington, 326 U. S. 310, 316 (1945).
I am not convinced, however, that the Constitution permits a State to impose such a submission-to-jurisdiction requirement. A State‘s assertion of jurisdiction over lawsuits with no real connection to the State may violate fundamental principles that are protected by one or more constitutional provisions or by the very structure of the federal system that the Constitution created. At this point in the development of our constitutional case law, the most appropriate home for these principles is the so-called dormant Commerce Clause. Norfolk Southern appears to have asserted a Commerce Clause claim below, but the Pennsylvania Supreme Court did not address it. See 266 A. 3d 542, 559-560, nn. 9, 11 (2021). Presumably, Norfolk Southern can renew the challenge on remand. I therefore agree that we should vacate the Pennsylvania Supreme Court‘s judgment and remand the case for further proceedings.
I
When Virginia resident Robert Mallory initiated this suit, Norfolk Southern Railway Company, a railroad that was at that time incorporated and headquartered in Virginia, had long operated rail lines and conducted related business in
I do not understand Norfolk Southern to challenge this basic premise. Tr. of Oral Arg. 62 (acknowledging that “the railroad understood by filing [registration paperwork] that it was subject to [Pennsylvania‘s general jurisdiction] law“). Instead, Norfolk Southern argues that giving force to the company‘s consent would violate the Fourteenth Amendment‘s Due Process Clause. See Power Mfg. Co. v. Saunders, 274 U. S. 490, 496-497 (1927).
That argument is foreclosed by our precedent. We addressed this question more than a century ago in Pennsylvania Fire Ins. Co. of Philadelphia v. Gold Issue Mining & Mill. Co., 243 U. S. 93 (1917). There, an Arizona mining company sued a Pennsylvania insurance company in a Missouri court, alleging claims arising from events in Colorado. Id., at 94. The Pennsylvania insurance company had “obtained a license to do business in Missouri,” and so had complied with a Missouri statute requiring the company to execute a power of attorney consenting to service of process on the state insurance superintendent in exchange for licensure. Ibid. The Missouri Supreme Court had previously construed such powers of attorney as consent to jurisdiction in Missouri for all claims, including those arising from transactions outside the State. Gold Issue Mining & Mill. Co.
The parallels between Pennsylvania Fire and the case before us are undeniable. In both, a large company incorporated in one State was actively engaged in business in another State. In connection with that business, both companies took steps that, under the express terms or previous authoritative construction of state law, were understood as consent to the State‘s jurisdiction in suits on all claims, no matter where the events underlying the suit took place. In both cases, an out-of-state plaintiff sued the out-of-state company, alleging claims unrelated to the company‘s forum-state conduct. And in both, the out-of-state company objected, arguing that holding it to the terms of its consent would violate the Fourteenth Amendment‘s Due Process Clause. In Pennsylvania Fire, we held that there was no due process violation in these circumstances. Given the near-complete overlap of material facts, that holding, unless it has been overruled, is binding here.
Norfolk Southern has not persuaded me that Pennsylvania Fire has been overruled. While we have infrequently invoked that decision‘s due process holding, we have never expressly overruled it. Nor can I conclude that it has been impliedly overruled. See post, at 177-178 (BARRETT, J., dissenting). Norfolk Southern cites the International Shoe line of cases, but those cases involve constitutional limits on jurisdiction over non-consenting corporations. See Inter-
Nor would I overrule Pennsylvania Fire in this case, as Norfolk Southern requests. At the least, Pennsylvania Fire‘s holding does not strike me as “egregiously wrong” in its application here. Ramos v. Louisiana, 590 U. S. 83 (2020) (KAVANAUGH, J., concurring in part). Requiring Norfolk Southern to defеnd against Mallory‘s suit in Pennsylvania, as opposed to in Virginia, is not so deeply unfair that it violates the railroad‘s constitutional right to due process. International Shoe, 326 U. S., at 316. The company has extensive operations in Pennsylvania, 266 A. 3d, at 562-563; see also ante, at 141-143; has availed itself of the Pennsylvania courts on countless occasions, Brief for Academy of Rail Labor Attorneys as Amicus Curiae 4-5 (collecting cases); and had clear notice that Pennsylvania considered its registration as consent to general jurisdiction,
If having to defend this suit in Pennsylvania seems unfair to Norfolk Southern, it is only because it is hard to see Mal-
For these reasons, I agree that Pennsylvania Fire controls our decision here, but I stress that it does so due to the clear overlap with the facts of this case.
II
A
While that is the end of the case before us, it is not the end of the story for registration-based jurisdiction. We have long recognized that the Constitution restricts a State‘s power to reach out and regulate conduct that has little if any connection with the State‘s legitimate interests. This principle, an “obviou[s]” and “necessary result” of our constitutional order, is not confined to any one clause or section, but is expressed in the very nature of the federal system that the Constitution created and in numerous provisions that bear on States’ interactions with one another. New York Life Ins. Co. v. Head, 234 U. S. 149, 161 (1914).2
The dissent suggests that we apply this principle through the Due Process Clause of the Fourteenth Amendment, post,
In our first decision holding that the Fourteenth Amendment‘s Due Process Clause protects a civil defendant from suit in certain fora, the Court proclaimed that “no State can exercise direct jurisdiction and authority over persons or property without its territory.” Pennoyer v. Neff, 95 U. S. 714, 722 (1878). “The several States,” the Court explained, “are of equal dignity and authority, and the independence of one implies the exclusion of power from all others.” Ibid. The Court warned that, in certain circumstances, a State‘s exercise of jurisdiction over non-residents would be “an encroachment upon the independence of [another] State” and a “usurpation” of that State‘s authority. Id., at 723. And the Court noted that this was not a newly-developed doctrine, but reflected “well-established principles of public law” that “ha[d] been frequently expressed ... in opinions of eminent judges, and... carried into adjudications in numerous cases.” Id., at 722, 724; see, e. g., D‘Arcy v. Ketchum, 11 How. 165, 176 (1851); Picquet v. Swan, 19 F. Cas. 609, 612 (No. 11,134) (CC Mass. 1828) (Story, J.).
Despite these many references to federalism in due process decisions, there is a significant obstacle to addressing those concerns through the Fourteenth Amendment here: we have never held that a State‘s assertion of jurisdiction unconstitutionally intruded on the prerogatives of another State when the defendant had consented to jurisdiction in the forum State. Indeed, it is hard to see how such a decision could be justified. The Due Process Clause confers a right on “person[s],”
1
The federalism concerns that this case presents fall more naturally within the scope of the Commerce Clause.3 “By its terms, the Commerce Clause grants Congress the power ‘[t]o regulate Commerce ... among the several States.‘” Raymond Motor Transp., Inc. v. Rice, 434 U. S. 429, 440 (1978) (quoting
While the notion that the Commerce Clause restrains States has been the subject of “thoughtful critiques,” the concept is “deeply rooted in our case law,” Tennessee Wine, 588 U. S., at —, and vindicates a fundamental aim of the Constitution: fostering the creation of a national economy and avoiding the еvery-State-for-itself practices that had weakened the country under the Articles of Confederation. See Hughes v. Oklahoma, 441 U. S. 322, 325-326 (1979); Healy v. Beer Institute, 491 U. S. 324, 335-336 (1989). The Framers “might have thought [that other provisions] would fill that role,” but “at this point in the Court‘s history, no
In its negative aspects, the Commerce Clause serves to “mediate [the States‘] competing claims of sovereign authority” to enact regulations that affect commerce among the States. National Pork Producers Council v. Ross, 598 U. S. 356, 376 (2023). The doctrine recognizes that “one State‘s power to impose burdens on interstate market[s] . . . is not only subordinate to the federal power over interstate commerce, but is also constrained by the need to respect the interests of other States.” BMW of North America, Inc. v. Gore, 517 U. S. 559, 571 (1996) (citing Gibbons v. Ogden, 9 Wheat. 1, 194-196 (1824)). It is especially appropriate to look to the dormant Commerce Clause in considering the constitutionality of the authority asserted by Pennsylvania‘s registration scheme. Because the right of an out-of-state corporation to do business in another State is based on the
2
This Court and other courts have long examined assertions of jurisdiction over out-of-state companies in light of interstate commerce concerns.5 Consider Davis v. Farmers Co-operative Equity Co., 262 U. S. 312 (1923), a case very much like the one now before us. In Davis, a Kansas company sued a Kansas railroad in Minnesota on a claim that was “in no way connected with Minnesota.” Id., at 314. Jurisdiction over the railroad was based on its compliance with a state statute regulating the in-state activities of out-of-state corporations: the railroad maintained a soliciting agent in Minnesota, and the Minnesota Supreme Court had interpreted state law as compelling out-of-state carriers, as a “condition of maintaining a soliciting agent,” to “submit to suit” in Minnesota on any “cause of action, wherever it may have arisen.” Id., at 315.
The Minnesota Supreme Court upheld jurisdiction against the railroad, but we reversed, holding that Minnesota‘s сondition “impos[ed] upon interstate commerce a serious and unreasonable burden, which renders the statute obnoxious to the [C]ommerce [C]lause.” Ibid. “By requiring from interstate carriers general submission to suit,” Minnesota‘s stat-
Although we have since refined our Commerce Clause framework, the structural constitutional principles underlying these decisions are unchanged, and the Clause remains a vital constraint on States’ power over out-of-state corporations.
C
In my view, there is a good prospect that Pennsylvania‘s assertion of jurisdiction here—over an out-of-state company in a suit brought by an out-of-state plaintiff on claims wholly unrelated to Pennsylvania—violates the Commerce Clause.
Under our modern framework, a state law may offend the Commerce Clause‘s negative restrictions in two circumstances: when the law discriminates against interstate commerce or when it imposes “undue burdens” on interstate commerce. South Dakota v. Wayfair, Inc., 585 U. S. 296 (2018). Discriminatory state laws are subject to “a virtually per se rule of invalidity.” Id., at — (quoting Granholm, 544 U. S., at 476). “[O]nce a state law is shown to discriminate against interstate commerce ‘either on its face or in practical effect,” the law‘s proponent must “demonstrate both that the statute ‘serves a legitimate local purpose,’ and that this purpose could not be served as well by available nondiscriminatory means.” Maine v. Taylor, 477 U. S. 131, 138 (1986). Justification of a discriminatory law faces a “high” bar to overcome the presumption of invalidity. New Energy Co. of Ind. v. Limbach, 486 U. S. 269, 278 (1988). Laws that ““even-handedly” regulate to advance ““a legitimate local public interest” are subject to a looser standard. Wayfair, 585 U. S., at —. These laws will be upheld “unless the burden imposed on [interstate] commerce is clearly excessive
There is reason to believe that Pennsylvania‘s registration-based jurisdiction law discriminates against out-of-state companies.7 But at the very least, the law imposes a “significant burden” on interstate commerce by “[r]equiring a foreign corporation . . . to defend itself with reference to all transactions,” including those with no forum connection. Bendix Autolite Corp. v. Midwesco Enterprises, Inc., 486 U. S. 888, 893 (1988); see, e. g., Davis v. Farmers’ Cooperative Equity Co., 262 U. S. 312, 315-317 (1923) (burden in these circumstances is “serious and unreasonable,” “heavy,” and “undu[e]“); Michigan Central R. Co. v. Mix, 278 U. S. 492, 495 (1929) (burden is “heavy“); Denver & Rio Grande Western R. Co. v. Terte, 284 U. S. 284, 287 (1932) (burden is “serious“); Atchison, T. & S. F. R. Co. v. Wells, 265 U. S. 101, 103 (1924) (jurisdiction “interfered unreasonably with interstate commerce“).
The foreseeable consequences of the law make clear why this is so. Aside from the operational burdens it places on out-of-state companies, Pennsylvania‘s scheme injects intolerable unpredictability into doing business across state borders. Large companies may be able to manage the patch
Given these serious burdens, to survive Commerce Clause scrutiny under this Court‘s framework, the law must advance a “legitimate local public interest” and the burdens must not be “clearly excessive in relation to the putative local benefits.” Wayfair, 585 U. S. 147, at ___. But I am hard-pressed to identify any legitimate local interest that is advanced by requiring an out-of-state сompany to defend a suit brought by an out-of-state plaintiff on claims wholly unconnected to the forum State. A State certainly has a legitimate interest in regulating activities conducted within its borders, which may include providing a forum to redress harms that occurred within the State. State Farm Mut. Automobile Ins. Co. v. Campbell, 538 U. S. 408, 422 (2003); BMW of North America, Inc. v. Gore, 517 U. S. 559, 568-569 (1996); Hess v. Pawloski, 274 U. S. 352, 356 (1927). A State also may have an
*
*
*
Because Pennsylvania Fire Ins. Co. of Philadelphia v. Gold Issue Mining & Milling Co., 243 U. S. 93 (1917) resolves this case in favor of petitioner Mallory and no Commerce Clause challenge is before us, I join the Court‘s opinion as stated in Parts I and III-B, and agree that the Pennsylvania Supreme Court‘s judgment should be vacated and the case remanded for further proceedings.
JUSTICE BARRETT, with whom THE CHIEF JUSTICE, JUSTICE KAGAN, and JUSTICE KAVANAUGH join, dissenting.
For 75 years, we have held that the Due Process Clause does not allow state courts to assert general jurisdiction over foreign defendants merely because they do business in the State. International Shoe Co. v. Washington, 326 U. S. 310, 317 (1945). Pennsylvania nevertheless claims general jurisdiction over all corporations that lawfully do business within its borders. As the Commonwealth‘s own courts recognized, that flies in the face of our precedent. See Daimler AG v. Bauman, 571 U. S. 117, 139-140 (2014).
The Court finds a way around this settled rule. All a State must do is compel a corporation to register to conduct
Such an approach does not formally overrule our traditional contacts-based approach to jurisdiction, but it might as well. By relabeling their long-arm statutes, States may now manufacture “consent” to personal jurisdiction. Because I would not permit state governments to circumvent constitutional limits so easily, I respectfully dissent.
I
A
Personal jurisdiction is the authority of a court to issue a judgment that binds a defendant. If a defendant submits to a court‘s authority, the court automatically acquires personal jurisdiction. Insurance Corp. of Ireland, Ltd. v. Compagnie des Bauxites de Guinee, 456 U. S. 694, 703 (1982). But if a defendant contests the court‘s authority, the court must determine whether it can nevertheless assert coercive power over the defendant. That calculus turns first on the statute or rule defining the persons within the court‘s reach. See World-Wide Volkswagen Corp. v. Woodson, 444 U. S. 286, 290 (1980). It depends next on the Due Process Clause, which guards a defendant‘s right to resist the judicial authority of a sovereign to which it has an insufficient tie. International Shoe, 326 U. S., at 316. The Clause has the companion role of ensuring that state courts “do not reach out beyond the limits imposed on them by their status as coequal sovereigns in a federal system.” World-Wide Volkswagen, 444 U. S., at 291-292.
Our precedent divides personal jurisdiction into two categories: specific and general. Both are subject to the demands of the Due Process Clause. Specific jurisdiction, as
General jurisdiction, by contrast, allows a state court to adjudicate “any and all claims’ brought against a defendant.” Ford Motor, 592 U. S., at ___ (quoting Goodyear Dunlop Tires Operations, S. A. v. Brown, 564 U. S. 915, 919 (2011)). This sweeping authority exists only when the defendant‘s connection to the State is tight—so tight, in fact, that the defendant is ““at home” there. Ford Motor, 592 U. S., at ___. An individual is typically “at home” in her domicile, Goodyear, 564 U. S., at 924, and a corporation is typically “at home” in both its place of incorporation and principal place of business, Daimler, 571 U. S., at 137. Absent an exceptional circumstance, general jurisdiction is cabined to these locations. Id., at 139.
B
This case involves a Pennsylvania statute authorizing courts to exercise general jurisdiction over corporations that are not “at home” in the Commonwealth. All foreign corporations must register to do business in Pennsylvania,
As the Pennsylvania Supreme Court recognized, this statute “clearly, palpably, and plainly violates the Constitution.”
The same rule applies here. The Pennsylvania statute announces that registering to do business in the Commonwealth “shall constitute a sufficient basis” for general jurisdiction.
II
A
The Court short-circuits this precedent by characterizing this case as one about consent rather than contacts-based
This argument begins on shaky ground, because Pennsylvania itself does not treat registration as synonymous with consent.
To pull
While this is a clever theory, it falls apart on inspection. The Court grounds consent in a corporation‘s choice to register with knowledge (constructive or actual) of the jurisdic
That makes no sense. If the hypothetical statute overreaches, then Pennsylvania‘s does too. As the United States observes, “[i]nvoking the label ‘consent’ rather than ‘general jurisdiction’ does not render Pennsylvania‘s long-arm statute constitutional.” Brief for United States as Amicus Curiae 4. Yet the Court takes this route without so much as acknowledging its circularity.
B
While our due process precedent permits States to place reasonable conditions on foreign corporations in exchange for access to their markets, there is nothing reasonable about a State extracting consent in cases where it has “no connection whatsoever.” 266 A. 3d, at 566; Bristol-Myers, 582 U. S., at 263; see Lafayette Ins. Co. v. French, 18 How. 404, 407 (1856).
The Due Process Clause protects more than the rights of defendants—it also protects interstate fedеralism. We have emphasized this principle in case after case. For instance, in Hanson v. Denckla, we stressed that “restrictions” on personal jurisdiction “are more than a guarantee of immunity from inconvenient or distant litigation. They are a consequence of territorial limitations on the power of the respective States.” 357 U. S., at 250-251. In World-Wide Volkswagen, we explained that “[e]ven if the defendant would suffer minimal or no inconvenience from being forced to litigate before the tribunals of another State . . . the Due Process Clause, acting as an instrument of interstate federalism, may sometimes act to divest the State of its power to render a valid judgment.” 444 U. S., at 294. And in Bristol-Myers, we reinforced that “this federalism interest may be decisive.” 582 U. S., at 263; see also, e. g., Ford Motor, 592 U. S., at ___; Asahi Metal Industry Co. v. Superior Court of Cal., Solano Cty., 480 U. S. 102, 113, 115 (1987); International Shoe, 326 U. S., at 317. A defendant‘s ability to waive its objection to personal jurisdiction reflects that the Clause protects, first and foremost, an individual right. But when a State announces a blanket rule that ignores the territorial boundaries on its power, federalism interests are implicated too.
Pennsylvania‘s effort to assert general jurisdiction over every company doing business within its borders infringes on the sovereignty of its sister States in a way no less “exorbitant” and “grasping” than attempts we have previously rejected.1 Daimler, 571 U. S., at 121-122, 138-139. Condi
The plurality‘s response is to fall back, yet again, on “consent.” Ante, at 144, 146, n. 11. In its view, because a defendant can waive its personal jurisdiction right, a State can never overreach in demanding its relinquishment. Ibid.; see also ante, at 156 (opinion of ALITO, J.); ante, at 147-149 (opinion of JACKSON, J.). That is not how we treat rights with structural components. The right to remove a case to federal court, for instance, is primarily personal—it secures for a nonresident defendant a federal forum thought to be more impartial. See The Federalist No. 80, p. 478 (C. Rossiter ed. 1961) (A. Hamilton). At the same time, however, it serves federal interests by ensuring that federal courts can vindicate federal rights. See, e. g., Georgia v. Rachel, 384 U. S. 780, 804-805 (1966). Recognizing this dual role, we have rejected efforts of States to require defendants to relinquish this (waivable) right to removal as a condition of doing business. See Insurance Co. v. Morse, 20 Wall. 445, 453, 456-458 (1874) (citing Lafayette, 18 How., at 407); Barron v. Burnside, 121 U. S. 186, 196-198 (1887) (“[W]hile the right to remove a suit might be waived,” a statute may not require a foreign corporation “to forfeit [its] rights at all times and on all occasions, whenever the case might be presented“). The same logic applies here. Pennsylvania‘s power grab in
III
A
The plurality attempts to minimize the novelty of its conclusion by pointing to our decision in Burnham v. Superior Court of Cal., County of Marin, 495 U. S. 604 (1990). There, we considered whether “tag jurisdiction“—personal service upon a defendant physically present in the forum State—remains an effective basis for general jurisdiction after International Shoe. Burnham, 495 U. S., at 607 (opinion of Scalia, J.). We unanimously agreed that it does. Id., at 619, 622; id., at 628 (White, J., concurring in part and concurring in judgment); id., at 628-629 (Brennan, J., concurring in judgment); id., at 640 (Stevens, J., concurring in judgment). The plurality claims that registration jurisdiction for a corporation is just as valid as the “tag jurisdiction” that we approved in Burnham. But in drawing this analogy, the plurality omits any discussion of Burnham‘s reasoning.
In Burnham, we acknowledged that tag jurisdiction would not satisfy the contacts-based test for general jurisdiction. Nonetheless, we reasoned that tag jurisdiction is “both firmly approved by tradition and still favored,” making it “one of the continuing traditions of our legal system that define[s] the due process standard of ‘traditional notions of fair play and substantial justice.“” Id., at 619 (opinion of Scalia, J.) (quoting International Shoe, 326 U. S., at 316); see also 495 U. S., at 635-637 (Brennan, J., concurring in judgment) (a jurisdictional rule that reflects “our common understanding now, fortified by a century of judicial practice, . . . is entitled to a strong presumption that it comports with due process“). Burnham thus permits a longstanding and still-accepted basis for jurisdiction to pass International Shoe‘s test.
General-jurisdiction-by-registration flunks both of these prongs: It is neither “firmly approved by tradition” nor “still favored.” 495 U. S., at 622 (opinion of Scalia, J.). Thus, the plurality‘s analogy to tag jurisdiction is superficial at best.
Start with the second prong. In Burnham, “[w]e [did] not know of a single state . . . that [had] abandoned in-state service as a basis of jurisdiction.” Id., at 615. Here, as Mallory concedes, Pennsylvania is the only State with a statute treating registration as sufficient for general jurisdiction. Tr. of Oral Arg. 47. Indeed, quite a few have jettisoned the jurisdictional consequences of corporate registration altogether and in no uncertain terms. See, e. g., Chavez v. Bridgestone Americas Tire Operations, LLC, 2022-NMSC-006, ¶¶ 53-54, 503 P. 3d 332, 336, 349 (“Reliance upon outdated legal fictions . . . would be absurd and, as explained above, inconsistent with contemporary understandings of due process“); Genuine Parts Co. v. Cepec, 137 A. 3d 123, 137 (Del. 2016) (“[W]e no longer live in a time where foreign corporations cannot operate in other states unless they somehow become a resident“); see also DeLeon v. BNSF R. Co., 392 Mont. 446, 453, n. 1, 426 P. 3d 1, 7, n. 1 (2018) (listing States with statutes that do not permit the practice).2 With the Pennsylvania Legislature standing alone, the plurality does not even attempt to describe this method of securing general jurisdiction as “still favored,” Burnham, 495 U. S., at 622 (opinion of Scalia, J.), or reflective of “our common understanding now,” id., at 635-637 (Brennan, J., concurring in judgment) (emphasis deleted). Quite the op
The past is as fatal to the plurality‘s theory as the present. Burnham‘s tradition prong asks whether a method for securing jurisdiction was “shared by American courts at the crucial time“—“1868, when the Fourteenth Amendment was adopted.” 495 U. S., at 611 (opinion of Scalia, J.). But the plurality cannot identify a single case from that period supporting its theory.3 In fact, the evidence runs in the opposite direction. Statutes that required the appointment of a registered agent for service of process were far more modest than Pennsylvania‘s.4 And even when a statute was written more broadly, state courts generally understood it to implicitly limit jurisdiction to suits with a connection to the forum.
B
Sidestepping Burnham‘s logic, the plurality seizes on its bottom-line approval of tag jurisdiction. According to the plurality, tag jurisdiction (based on physical presence) and registration jurisdiction (based on deemed consent) are essentially the same thing—so by blessing one, Burnham blessed the other. See ante, at 125-126, 139-140. The plurality never explains why they are the same, even though—as we have just discussed—more than a century‘s worth of law treats them as distinct. See also Burnham, 495 U. S., at 610, n. 1 (opinion of Scalia, J.) (corporations “have never fi[t] comfortably in a jurisdictional regime based primarily upon ‘de faсto power over the defendant‘s person““); International Shoe, 326 U. S., at 316-317. The plurality‘s rationale seems to be that if a person is subject to general jurisdiction anywhere she is present, then a corporation should be subject to general jurisdiction anywhere it does business. See ante, at 125-126, 129-130, 132-134, 139-140, 145. That is not only a non sequitur—it is “contrary to the historical rationale of International Shoe.” Siemer v. Learjet Acquisition Corp., 966 F. 2d 179, 183 (CA5 1992).
Before International Shoe, a state court‘s power over a person turned strictly on “service of process within the State” (presence) “or [her] voluntary appearance” (consent). Pennoyer v. Neff, 95 U. S. 714, 733 (1878). In response to changes in interstate business and transportation in the late 19th and early 20th centuries, States deployed new legal fictions designed to secure the presence or consent of nonresident individuals and foreign corporations. For example, state laws required nonresident drivers to give their “implied consent” to be sued for their in-state accidents as a condition of using the road. Hess v. Pawloski, 274 U. S. 352,
As Justice Scalia explained, such extensions of “consent and presence were purely fictional” and can no longer stand after International Shoe. Burnham, 495 U. S., at 618; see also, e. g., Shaffer v. Heitner, 433 U. S. 186, 202-203 (1977) (International Shoe abandoned “both the fictions of implied consent to service on the part of a foreign corporation and of corporate presence“); McGee v. International Life Ins. Co., 355 U. S. 220, 222 (1957) (International Shoe “abandoned ‘consent,’ ‘doing business,’ and ‘presence’ as the standard for measuring the extent of state judicial power over [foreign] corporations“); International Shoe, 326 U. S., at 318. The very point of International Shoe was to “cast . . . aside” the legal fictions built on the old territorial approach to personal jurisdiction and replace them with its contacts-based test. Burnham, 495 U. S., at 618 (opinion of Scalia, J.); id., at 630 (Brennan, J., concurring in judgment) (International Shoe abandoned the previous “patchwork of legal and factual fictions“). In Burnham, we upheld tag jurisdiction because it is not one of those fictions—it is presence. By contrast, Pennsylvania‘s registration statute is based on deemed consent. And this kind of legally implied cоnsent is one of the very fictions that our decision in International Shoe swept away. See 326 U. S., at 318; Ford Motor, 592 U. S., at ___ (GORSUCH, J., concurring in judgment).
C
Neither JUSTICE ALITO nor the plurality seriously contests this history. Nor does either deny that Mallory‘s theory would gut Daimler. Instead, they insist that we al
In Pennsylvania Fire, an Arizona corporation sued a Pennsylvania corporation in Missouri for a claim arising from an insurance contract issued in Colorado and protecting property in Colorado. Id., at 94. The defendant maintained that the Missouri court lacked personal jurisdiction over it because the plaintiff‘s claim had no connection to the forum. Id., at 94-95. But in compliance with Missouri law, the defendant company had previously filed “a power of attorney consenting that service of process upon the superintendent [of the State‘s insurance department] should be deemed personal service upon the company.” Id., at 94. The Missouri Supreme Court construed that power of attorney as express consent to personal jurisdiction in Missouri in any case whatsoever, and this Court held that “the construction did not deprive the defendant of due process of law.” Id., at 95.6
The Court asserts that Pennsylvania Fire controls our decision today. I disagree. The case was “decided before this Court‘s transformative decision on personal jurisdiction in International Shoe,” BNSF, 581 U. S., at 412, and we have already stated that “prior decisions [that] are inconsistent with this standard . . . are overruled,” Shaffer, 433 U. S., at 212, n. 39. Pennsylvania Fire fits that bill. Time and
The plurality tries to get around International Shoe by claiming that it did no more than expand jurisdiction, affecting nothing that came before it.7 Ante, at 138-139. That is as fictional as the old concept of “corporate presence” on which the plurality relies. We have previously abandoned even “ancient” bases of jurisdiction for incompatibility with International Shoe. Shaffer, 433 U. S., at 211-212 (repudiating quasi in rem jurisdiction). And we have repeatedly reminded litigants not to put much stock in our pre-International Shoe decisions. Id., at 212, n. 39; see also BNSF, 581 U. S., at 412. Daimler itself reinforces that pre-International Shoe decisions “should not attract heavy reliance today.” 571 U. S., at 138, n. 18. Over and over, we have reminded litigants that International Shoe is “canonical,” “seminal,” “pathmarking,” and even “momentous” to give just a few examples. Ford Motor, 592 U. S., at ___; Bristol-Myers, 582 U. S., at 262; Daimler, 571 U. S., at 128; Goodyear, 564 U. S., at 919. Yet the Court acts as if none of this ever happened.
In any event, I doubt Pennsylvania Fire would control this case even if it remained valid. Pennsylvania Fire distinguished between express consent (that is, consent “actually conferred by [the] document“) and deemed consent (inferred from doing business). 243 U. S., at 95-96; see
The express power of attorney in Pennsylvania Fire “made service on the [insurance] superintendent the equivalent of . . . a corporate vote [that] had accepted service in this specific case.” 243 U. S., at 95. Norfolk Southern, by contrast, “executed no document like the power of attorney there.” Brief for Respondent 31; see App. 1-7. The Court makes much of what Norfolk Southern did write on its forms, ante, at 135: It named a “Commercial Registered Office Provider,” App. 1, 6, it notified Pennsylvania of a merger, id., at 3-5, and it paid $70 to update its paperwork, id., at 6. None of those documents use the word “agent,” nothing hints at the word “jurisdiction,” and (as the Pennsylvania Supreme Court explained) nothing about that registration is “voluntary.” 266 A. 3d, at 570, and n. 20.8 Consent in Pennsylvania Fire was contained in the document itself; here it is deemed by statute. If “mere formalities” matter as much as the plurality says they do, it should respect this one too. Ante, at 144.
IV
By now, it should be clear that the plurality‘s primary approach to this case is to look past our personal jurisdiction precedent. Relying on a factsheet downloaded from the internet, for instance, the plurality argues that Norfolk Southern is such a “part of the Pennsylvania Community,” and
*
*
*
Critics of Daimler and Goodyear may be happy to see them go. See, e. g., Ford Motor, 592 U. S., at ___ (ALITO, J., concurring in judgment); id., at ___ (GORSUCH, J., joined by THOMAS, J., concurring in judgment); BNSF, 581 U. S., at 416 (SOTOMAYOR, J., concurring in part and dissenting in part). And make no mistake: They are halfway out the door. If States take up the Court‘s invitation to manipulate registration, Daimler and Goodyear will be obsolete, and, at least for corporations, specific jurisdiction will be “superfluous.” Daimler, 571 U. S., at 140; see Goodyear, 564 U. S., at 925. Because I would not work this sea change, I respectfully dissent.9
The attached opinion has been revised to reflect the usual publication and citation style of the United States Reports. The revised pagination makes available the official United States Reports citation in advance of publication. The syllabus has been prepared by the Reporter of Decisions for the convenience of the reader and constitutes no part of the opinion of the Court. A list of counsel who argued or filed briefs in this case, and who were members of the bar of this Court at the time this case was argued, has been inserted following the syllabus. Other revisions may include adjustments to formatting, captions, citation form, and any errant punctuation. The following additional edits were made:
None