The dormant Commerce Clause is one of the oldest constitutional doctrines, dating to the early 1800s. The Commerce Clause of the Constitution gives Congress the authority to regulate interstate ...
State ballot initiatives like California’s Proposition 12 threaten interstate commerce by imposing costly farm production ...
Despite the rapid expansion of state-legal cannabis markets, the constitutional limits on how states may regulate those ...
The Supreme Court for the third* time in recent months upheld the Transportation Act, generally known as the Esch-Cummins Railroad Law. The provision of the act in question was the so-called ...
Roscoe Filburn owned a wheat farm in rural Montgomery County, Ohio. When he used his own farm to feed his own family, he fell under the hammer of the federal government. It was 1938, and America was ...
This April 17, 2015 photo shows stacks of gambling chips on a roulette table at the Tropicana Casino and Resort in Atlantic City, N.J. (AP Photo/Wayne Parry) (CN) — A Ninth Circuit panel on Friday ...
Jack Goldsmith's and my article with this title is now out in the Texas Law Review, as is David Post's response (many thanks for writing that, David!). Many of our readers are already familiar with it ...
Jefferson Packing House, an Oregon-based cannabis distribution company, has retracted its federal lawsuit challenging the state's ban on the interstate trade of marijuana. Launched in late 2022, ...
WASHINGTON —When the Supreme Court upheld the 1964 Civil Rights Act, the justices said next to nothing about racial equality, the ideal that drove the landmark law's enactment. Instead, the court ...
Although Thursday’s Supreme Court’s ruling on the Affordable Care Act restricted the degree Congress can use the Interstate Commerce Clause, the decision’s expansion of Congress’s taxing power sets a ...
Welcome back to Higher Law, our weekly briefing on all things cannabis. I'm Cheryl Miller, reporting for Law.com from Sacramento. This week we're looking at: The possible release of HHS' rescheduling ...
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