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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]
20 Nov 2022, 9:53 am by David Kopel
Supreme Court affirmed in New York State Rifle and Pistol Association v. [read post]
2 Nov 2022, 8:40 am by DONALD SCARINCI
The justices will decide the following issues: “(1) Whether allegations that a state law has dramatic economic effects largely outside of the state and requires pervasive changes to an integrated nationwide industry state a violation of the dormant commerce clause, or whether the extraterritoriality principle described in the Supreme Court’s decisions is now a dead letter; and (2) whether such allegations, concerning a law that is based solely on preferences… [read post]
11 Oct 2022, 5:01 am by Eugene Volokh
There is no need for the Supreme Court to revive the nebulous balancing tests of yesteryear, such as Pike v. [read post]
3 Oct 2022, 12:10 pm by Lawrence Solum
  Here is the abstract: On October 11, 2022, the Supreme Court will hear a case, National Pork Producers Council v. [read post]
7 Sep 2022, 5:23 am by Eugene Volokh
New York State Liquor Authority[15] involved a New York law under which liquor distillers could not sell to wholesalers in New York except in accordance with a monthly price schedule that affirmed that prices in New York were no higher than the lowest prices charged in other states.[16] Healy v. [read post]
26 Aug 2022, 7:23 am by Eric Goldman
” Dormant Commerce Clause The laws survive the Pike balancing test: “this is simply not a case where the states’ statutes preclude economic activity or directly control commerce that occurs wholly outside of California or Alabama. [read post]