Perez v. Campbell

United States Supreme Court

402 U.S. 637

Perez et ux.  v.  Campbell, Superintendent, Motor Vehicle Division, Arizona Highway Department, et al.

Certiorari to the United States Court of Appeals for the Ninth Circuit

No. 5175.  Argued: January 19, 1971 --- Decided: June 1, 1971

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 responsible 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.

Notes