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

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 ...
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

Opinion analysis: Maryland’s personal income tax violates the Commerce Clause

Type to search articles, cases, and authors. Press ↵ to view all results. Bradley W. Joondeph is the Inez Mabie Distinguished Professor and Associate Dean for Academic Affairs at the Santa Clara ...
JD Supra

Dormant Commerce Clause Limits New York’s Cannabis Licensing – A New Second Circuit Decision

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 ...
Reason

The Dormant Commerce Clause, Geographical Identification, and Blocking Technology

[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 ...
The Washington Post

Court precedents involving the commerce and ‘necessary and proper’ clauses

Two constitutional provisions at issue in the health-care challenges are the “necessary and proper” clause and the commerce clause. Necessary and proper clause: Congress has the power to "make all ...
Law

Using Commerce Clause Analysis, 6th Circuit Halts Kentucky Law Excluding Severance Taxes From 'Reasonable' Coal Costs

Disagreeing with successive rulings on the issue by a federal district court, the U.S. Court of Appeals for the Sixth Circuit has imposed a preliminary injunction on a Kentucky law that directs the ...
Reuters

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

March 12, 2026 - The 9th U.S. Circuit Court of Appeals kicked off 2026 by deepening one of the most consequential fault lines in US cannabis law. Its January 2 decision in Peridot Tree WA, Inc. v.
The Washington Post

Using the dormant commerce clause to challenge state computer crime statutes

Computer crime law is mostly a federal law field. Because computer crimes cross state and national boundaries, the federal government ends up doing most of the investigations and prosecutions. The ...
The Nation

Did Justice Roberts Set Booby-Traps in His Commerce Clause Ruling?

Is Roberts “gutting the Commerce Clause”—or merely throwing red meat to the right? By signing up, you confirm that you are over the age of 16 and agree to receive occasional promotional offers for ...