Tennessee alcohol merchants are asking the Supreme Court to uphold an absurd residency requirement that shields them from competition.
William Barr does not like legalization but says Congress has to resolve the "untenable" conflict between state and federal law.
In a case SCOTUS will hear next month, victims of Tennessee's protectionism argue that it flouts the 14th Amendment as well as the Commerce Clause.
Cases in which a majority of the Court fell down on the job.
A post based on my presentation at a panel on mandatory national service organized by the National Commission on Military, National, and Public Service.
Cornell law professor Michael Dorf asks whether Clarence Thomas would vote to strike down federal laws restricting abortion, on federalism grounds. The answer might well be yes. But the issue would have to be presented to him in the right way.
Congress can’t "commandeer" state legislators, but it can achieve the same result with "preemption."
There is no justification for a proposed law that would make attacks on police officers a federal crime.
The attorney general's reversal of an Obama policy limiting prosecution of marijuana businesses in states that have legalized marijuana is a limited, but potentially dangerous step.
Two states attempt to dictate how farmers outside their boundaries treat their animals.
How to think about gay wedding cakes, Fourth Amendment rights, and whether the federal government can ban sports betting. Plus: How will Neil Gorsuch vote?
A potential Supreme Court case challenges federal protection of an intrastate species with no commercial value.
Law amended to make sure meat processors comply with federal regulations.
A federal appeals court raises California's unconstitutional ban from the dead.
The 'Do Not Flush' fight provides a perfect case study in arbitrary regulation and government incompetence.
States like Massachusetts attempt to control how farms outside their borders operate.
Can U.S. courts compel non-citizens to pay restitution to other non-citizens for crimes that took place abroad? Apparently so.
If Jeff Sessions tries to shut down state-licensed cannabusinesses, he will betray his own principles.
Michigan lawmakers and the Twenty-First Amendment stink.
Large farms have been stung by two recent setbacks. What's next?