Reason

The Dormant Commerce Clause and Geolocation: Introduction

[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 ...
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 ...
SCOTUSblog

International child custody, arbitration, dormant commerce clause, and overtime

Type to search articles, cases, and authors. Press ↵ to view all results. The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short ...
Yahoo

Gibbons v. Ogden: Defining Congress’ power under the Commerce Clause

March 2 marks the anniversary of the Supreme Court’s landmark decision in Gibbons v. Ogden. Decided in 1824, Gibbons was the first major case in the still-developing jurisprudence regarding the ...
The New York Times

Broccoli Mandates and the Commerce Clause

“If the government can do this, what, what else can it not do?” asked Supreme Court Justice Antonin Scalia this week in arguments on the constitutionality of the requirement that nearly all Americans ...
Forbes

Commerce-Clause Challenge Over Washington Coal-Export Terminal Overcomes First Hurdle

In a March commentary, we appraised a legal challenge filed by two companies involved in the mining and delivery of coal against several Washington state officials for their role in blocking approval ...
The Atlantic

How Obamacare Will Be Settled: A Primer on the Commerce Clause

As the Supreme Court hears arguments about the individual mandate, a complete look at the history of similar constitutional decisions. Amid rampant speculation over the fate of Obamacare in the ...
American Enterprise Institute

Putting the Commerce Back in the Dormant Commerce Clause: State Taxes, State Subsidies, and Commerce Neutrality

The unpredictability of the Supreme Court’s dormant Commerce Clause (“DCC”) jurisprudence continues to draw trenchant criticism from commentators and the Justices themselves, as the Court remains ...
National Review

Mark Levin: Not-So-Fast on Commerce Clause

World Cup Summers a Bit Different? New Gallup Poll Shows Stability in Public Attitudes Toward Abortion Trump Temporarily Pulls Jay Clayton DNI Nomination to Pressure Congress on Voter ID Audio By ...
National Review

There’s a Limit on the Commerce Clause

Another ‘Elephants Are Persons’ Lawsuit Goes to a State Supreme Court Refunding Planned Parenthood in America? My Astonishing Oregon Trail In California, the Damage of the ‘Billionaire Tax’ Has ...
E&E

Coal export battle hinges on commerce clause

A pair of energy-producing states may face ideological challenges in their quest for a high court review of Washington state’s blockade against the last major coal export project on the West Coast. A ...
The Washington Post

The commerce clause was a GOP bogeyman. Now it’s being used to authorize pandemic liability protections.

Amy Dru Stanley is a history professor at the University of Chicago and the author of the forthcoming book “The Antislavery Ethic and the Spirit of Commerce: An American History of Human Rights.” For ...