Topic
Commerce Clause
226 published works
Agricultural Law Weekly Review
Agricultural Law Weekly Review – Week Ending October 1, 2021
Animal Welfare: U.S. Supreme Court Petitioned to Accept Appeal Challenging Constitutionality of California’s Proposition 12 On September 27, 2021, the National Pork Producers Council (NPPC) and American Farm Bureau Federation…
Agricultural Law Weekly Review
Agricultural Law Weekly Review – Week Ending July 2, 2021
Animal Welfare: U.S. Supreme Court Denies Review of Refusal to Grant Injunction Against California’s Proposition 12 On June 28, 2021, the Supreme Court of the United States denied North American…
Agricultural Law and Taxation Blog
The “Dormant” Commerce Clause and Agriculture
OverviewMuch environmental legislation and regulation restricting private land use activities is created pursuant to the commerce clause of the United States Constitution. Article I Section 8 of the U.S. Constitution…
Agricultural Law Weekly Review
Agricultural Law Weekly Review—Week Ending March 5, 2021
Animal Welfare: U.S. Supreme Court Petitioned to Hear Commerce Clause Challenge to California’s Proposition 12 On February 26, 2021, the North American Meat Institute (NAMI) filed a petition for writ…
Food Safety News
9th Circuit again sides with California on Prop 12; meat producers likely to seek U.S. Supreme Court review
By Dan Flynn
The North America Meat Institute (NAMI) is likely to file a writ of certiorari for U.S. Supreme Court review of California’s Proposition 12, which the 9th Circuit Court of Appeals…
Libation Law Blog
States’ measures to favor in-state residents in cannabis licensing are the new Commerce Clause battleground.
Back in May of this year the Commerce Clause provided a substantial victory for cannabis companies looking to achieve fair-play amongst the states that have authorized cannabis programs and sales.…
Louisiana Law Blog
Louisiana Court Limits the Reach of Economic Nexus in Jeopardy Productions
By Jaye Calhoun, William Kolarik
In a case examining the extent to which the 14th Amendment Due Process Clause limits a state assertion’s of jurisdiction over an out-of-state taxpayer, the Louisiana Court of Appeal for…
Food Safety News
Pork industry charges California Prop 12 with violating Commerce Clause
By Dan Flynn
Ahead of Jan. 1, 2022, when state Proposition 12 begins to prohibit pork sales in California unless they are raised under strict new prohibitions, the 9th Circuit Court of Appeals is…
Libation Law Blog
Farm wineries win as court declares Minnesota law mandating use of majority in-state wine ingredients in wines made by farm wineries facially unconstitutional in light of SCOTUS Dormant Commerce Clause jurisprudence. Bonus: we’ve got the briefs for you.
A pair of farm wineries challenged a portion of Minnesota’s farm winery law that mandates the farm winery produce its wines from ingredients grown or produced in Minnesota as violating…
Libation Law Blog
SCOTUS orders Texas to respond to Walmart cert petition over in-state liquor licensing requirements against public companies selling distilled spirits. We may yet have some good alcohol-related cases this term.
Walmart has been leading a charge against a Texas alcohol law that prohibits many public companies from retailing distilled-spirits. Walmart’s contention involves a Commerce Clause challenge to the liquor law…