Page:Mallory v. Norfolk Southern.pdf/12

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Cite as: 600 U. S. ____ (2023)
9

Opinion of Gorsuch, J.

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, that the law had long permitted suits against individuals in any jurisdiction where they could be found, no matter where the underlying cause of action happened to arise. What sense would it make to treat a fictitious corporate person differently? See id., at 588–592, 600, 184 S. W., at 1016–1018, 1020. For all these reasons, the court concluded, Pennsylvania Fire “ha[d] due process of law, regardless of the place, state or nation where the cause of action arose.” Id., at 576, 184 S. W., at 1013.

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”