Justice William Brennan wrote a dissenting opinion, joined by Justices Thurgood Marshall and Harry Blackmun. Brennan wrote that the majority's approach to stay consistent with Hanover Shoe undercut the strength of the language that Congress had written into the Sherman Act. Justice Blackmun also wrote a dissenting opinion, arguing the case's close timing with Hanover likely impacted the result; if Hanover had not been decided, the courts would have likely ruled in favor of the state government..
