Topic
Commerce Clause
226 published works
SALT Shaker
Used up: South Dakota Supreme Court denies Commerce and Due Process challenges to use tax
On February 7, 2024, the South Dakota Supreme Court held that South Dakota’s use tax, as applied to the taxpayer, did not violate the Commerce or Due Process Clauses of…
Drug & Device Law
District Court Misapplies Implied Preemption In Medication Abortion Case
Since before the Dobbs decision reversed decades of precedent on reproductive rights, we have been looking at the implications for drug and device manufacturers. See here and here. Our posts…
On Brief: Iowa's Appellate Blog
U.S. Supreme Court on California’s Proposition 12: Banning imports of pork from ‘cruel’ treatment not unconstitutional – at least for now
By Rox Laird
Most every state was affected one way or another by decisions handed down by the U.S. Supreme Court in its recently ended term. A decision upholding California’s restriction on the…
Drug & Device Law
Guest Post − Let the Dormant Commerce Clause Challenge to Consent Statutes Go Forth
By Bexis
Today's guest post is from friend-of-the-Blog Richard Dean of Tucker Ellis. For years he has been advocating greater defense use of the dormant Commerce Clause, and given the discussion of…
Commercial Litigation Update
A Calm and Prolific Day at the Court, and a Better Day for Criminal Defendants Than for the Second Circuit – SCOTUS Today
By Stuart M. Gerson, Epstein Becker Green
With the Justices largely in agreement across the board, the Court today issued five opinions. One of them provides a usefully definitive view of the limited nature of the so-called…
Cannabis Legal Highlights
Cannabis Legal Report—Week of February 13, 2023
By Elizabeth Gustafson, Tommy Tobin, Hanna Barker Mullin
Cannabis: In Focus Seattle Federal Court Dismisses Dormant Commerce Clause Challenge Manhattan DA Attempts To Curb Illegal Cannabis Sales by Targeting Landlords Australia Legalizes Prescriptions of Psilocybin and MDMA Seattle…
Nonprofit Law Prof Blog
Fisher: A Case for Nonprofit-Exempting Federal Action in Consumer Data Privacy Nonprofit-Exempting Federal Action in Consumer Data Privacy
Sarah Fisher (J.D. candidate, William & Mary Law School) has published Preempting the States and Protecting the Charities: A Case for Nonprofit-Exempting Federal Action in Consumer Data Privacy, 64 William…
Regulatory Oversight
Federal Judge Finds NY Cannabis Residency Rules Likely Unconstitutional and Discriminatory Against Out-of-State Applicants
By Agustin Rodriguez, Christina Sava, Michael Jordan
On November 3, Judge Gary L. Sharpe of the U.S. District Court for the Northern District of New York issued a preliminary injunction, blocking cannabis regulators from issuing marijuana retail…
SALT Shaker
Exploring the ‘affirmative’ Commerce Clause
In this episode of the SALT Shaker Podcast, Eversheds Sutherland Associate Jeremy Gove breaks down the ‘affirmative’ Commerce Clause with Partner Eric Tresh. Eric recently authored an article in Tax Notes State on the topic…
Washington Energy Report
5th Circuit Holds that Texas Law Permitting Blocking of Competitive Transmission Owners from Building New Lines Violates the Commerce Clause
By S. Jennifer Panahi, Elizabeth McCormick
On August 30, 2022, the U.S. Court of Appeals for the Fifth Circuit issued an order in NextEra Energy Capital Holdings, Inc. v. Lake, a case raising dormant Commerce Clause…