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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
Although he doesn't cite the case, we might best understand Justice Gorsuch's approach as rendering the DCC parallel to the Court's understanding of equal protection pursuant to Washington v. [read post]
18 May 2023, 9:01 pm by Michael C. Dorf
Last week, in National Pork Producers Council (NPPC) v. [read post]
18 May 2023, 4:24 pm by Amy Howe
The justices sent the case, Arizona v. [read post]
12 May 2023, 2:54 pm by Josh Blackman
S. 267, 279 (1978), and "try novel social and economic experiments" if they wish, New State Ice Co. v. [read post]
11 May 2023, 11:35 am by Amy Howe
The challengers had also made a second argument: Under the Supreme Court’s 1970 decision in Pike v. [read post]
7 May 2023, 6:00 am by Lawrence Solum
The current Supreme Court has at least three members who seem strongly influenced by originalist constitutional theory--Associate Justices Amy Coney Barrett, Neil Gorsuch, and Clarence Thomas. [read post]
4 May 2023, 4:00 am by Eric Segall
 By Eric SegallTwenty years ago, Justice Sandra Day O'Connor wrote the following in Grutter v. [read post]