The New Texas Ban on Cell-Cultured Protein Is an Unconstitutional Interstate Trade Barrier, a Lawsuit Says
The ban's supporters, whose motivation is plainly protectionist, claim they are defending freedom by restricting it.
dormant Commerce Clause
California's Telemedicine Restrictions Are Forcing Rare Disease Patients To Travel Out of State for Care
A new lawsuit argues the state's requirement that doctors must be licensed in California to do remote consultations with patients there is unconstitutional.
Abortion and the Wayfair Case
How a use tax on mifepristone might scramble abortion debates.
Dormant Commerce and Corporate Jurisdiction
A look at personal jurisdiction after Mallory.
SCOTUS Chooses California Over Pork Producers and Bacon Consumers (and Issues Four Other Opinions Too)
The Supreme Court issues five merits opinions, but there are still forty more waiting.
The Dormant Commerce Clause, the Internet, and Geolocation
A response to Professors Goldsmith & Volokh
1st Circuit Says Maine's Residency Rule for Medical Marijuana Suppliers Is Unconstitutional Protectionism
Notwithstanding federal pot prohibition, the appeals court says, the requirement violated the Commerce Clause's implicit prohibition of anti-competitive interstate trade barriers.
Can States Ban Residents From Getting Abortions in Other States, if Roe v. Wade is Overturned?
The answer is probably "no." But the federal government could more easily ban such transactions.
Texas Gov. Greg Abbott Ends His Onerous Truck Inspection Order Impeding International Commerce on the Mexican Border
The inspections caused great economic harm, and may also have violated the Dormant Foreign Commerce Clause of the Constitution.
SCOTUS Agrees to Hear Significant Dormant Commerce Clause Case
National Pork Producers Council v. Ross could have implications far beyond bacon prices in California.
Supreme Court Takes Up California's Attempt To Control How Other States' Farmers Treat Pigs
Do California's rules violate the dormant commerce clause?
Podcast on New Hampshire v. Massachusetts
I was interviewed by Joe Salvetta of the Pioneer Institute, a leading Massachusetts public policy think tank.
Are California's New Data Privacy Controls Even Legal?
A new paper raises constitutional questions about expansive state-level regulations that reach beyond their borders.
Stare Decisis and Judge-Made Law
What today's decision in South Dakota v. Wayfair might tell us about the future of qualified immunity
States Partner to Sue Massachusetts, California Over Costly Livestock Bans
Two states attempt to dictate how farmers outside their boundaries treat their animals.
The Ninth Circuit's Foie Gras Blunder
A federal appeals court raises California's unconstitutional ban from the dead.
