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25 May 2023, 8:40 am by Amy Howe
Court of Appeals for the 9th Circuit applied the test outlined by Justice Anthony Kennedy in Rapanos v. [read post]
24 May 2023, 7:55 am by Dan Farber
 I see three key places where this is true (drawn from II, IVA and V of the Gorsuch opinion): The majority agree that the “very core” of the judicial doctrine protecting interstate commerce (called the dormant commerce clause doctrine) consists of cases where the state discriminates against out-of-state competitors of local firms. [read post]
19 May 2023, 4:00 am by Michael C. Dorf
(Even Justice Thomas thinks the Constitution limits state protectionist laws, but he would locate protection in the Import/Export Clause of Article I, Sec. 10 and the Privileges and Immunities Clause of Article IV, Sec. 2).In addition, pursuant to Pike v. [read post]
18 May 2023, 9:01 pm by Michael C. Dorf
Last week, in National Pork Producers Council (NPPC) v. [read post]