[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 ...
The Indian Commerce Clause will be a major issue in the Nov. 9 Supreme Court argument in Brackeen v. Haaland. The questions presented are: (1) Whether the Indian Child Welfare Act of 1978's placement ...
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 ...
Airlines are creatures of interstate and international commerce: roaming the skies and crossing territorial boundaries to deliver passengers and cargoes to destinations not cabined by state lines. To ...
/ Dormant Commerce Clause Case / Cannabis and Citizenship / Connecticut Crackdown A cannabis company owner challenging a state license denial "cannot use the Dormant Commerce Clause to demand a ...
In an August 12, 2025, opinion, the U.S. Court of Appeals for the Second Circuit vacated an order from the Northern District that had denied preliminary injunctive relief to two California-owned ...
Politico’s excellent overview of some of the rulings that might be brought to bear in the deliberations over the President’s healthcare law next week explains, in layman’s terms, how the decision ...
September 10, 2025 - As readers of this column know, New York's Adult-Use licensing scheme has experienced numerous challenges, both operationally and in court. Last month, the 2nd U.S. Circuit Court ...
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