Forbes

How US Constitution's Dormant Commerce Clause Is Challenging Marijuana Legislations

A number of U.S. states that have legalized the sale of marijuana are being sued by companies that have not entered the legal market, using the Constitution's dormant commerce clause as their basis ...

Supreme Court Takes On The Future Of DTC Wine Shipping

Discover how a new Supreme Court case about Arizona’s DtC wine shipping laws could reshape Dormant Commerce Clause alcohol ...
Reason

The Dormant Commerce Clause and Geolocation: Some Background About Federalism

[Jack Goldsmith and I will have this article out in the Texas Law Review early next year, and I'm serializing it here. There is still plenty of time for editing, so we'd love to hear any ...
Hoodline

Ninth Circuit Slams Door On Commerce Clause Attacks In Cannabis Cases

A three‑judge panel of the U.S. Court of Appeals for the Ninth Circuit has ruled that the dormant Commerce Clause does not apply to state‑regulated cannabis markets. That decision keeps residency and ...
JD Supra

The Dormant Commerce Clause and Discrimination in Illegal Interstate Markets

Last week the First Circuit reached an interesting conclusion: the U.S. Constitution prohibits states from adopting protectionist legislation affecting illegal interstate markets. The case, Northeast ...

9th Circuit says Dormant Commerce Clause does not apply to cannabis, sparking circuit split

Alexander Malyshev and Sarah Ganley of Carter Ledyard & Milburn LLP discuss a recent 9th Circuit decision holding the Dormant ...
JD Supra

The Not So Dormant Commerce Clause

Few areas of law have been able to expose the contradictions of federal cannabis policy quite like the Dormant Commerce Clause. The Constitution’s long-standing rule against state economic ...
Reason

Geographical Information and the Dormant Commerce Clause: Four Principles

[Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm ...
c-span

The Civil Rights Cases of 1883 and the Commerce Clause

Log-in to bookmark & organize content - it's free! In the context of the landmark Civil Rights Cases, U.S. Civil Rights Commissioner Peter Kirsanow and Howard Law School Dean Danielle Holley-Walker ...
The American Spectator

Dormant Commerce Clause v. Original Intent on a Pig Farm

The original public meaning of the text of the Constitution is front and center these days, with Supreme Court majority and dissenting opinions alike invoking and debating that litmus test. On Tuesday ...
Wall Street Journal

A Judge’s Toast to the Commerce Clause

Journal Editorial Report: Paul Gigot interviews High Court specialist Ilya Shapiro. Evan Golub/Zuma Press Photo: Evan Golub/Zuma Press The Supreme Court is doing an originalist cleanup job on decades ...
Los Angeles Times

Opinion: Papist plots and Commerce Clause conundrums

This article was originally on a blog post platform and may be missing photos, graphics or links. See About archive blog posts. Time will tell whether Wednesday’s Supreme Court ruling on ...