SCOTUSblog

The First Amendment and the commerce clause

Type to search articles, cases, and authors. Press ↵ to view all results. This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether Puerto Rican news ...
Yahoo

Gibbons v. Ogden: Defining Congress’ power under the Commerce Clause

March 2 marks the anniversary of the Supreme Court’s landmark decision in Gibbons v. Ogden. Decided in 1824, Gibbons was the first major case in the still-developing jurisprudence regarding the ...
Reason

The Dormant Commerce Clause and Geolocation: Introduction

[Jack Goldsmith and I will have this article out in the Texas Law Review early next year, and I'm serializing it here. There is still plenty of time for editing, so we'd love to hear any ...
Forbes

Commerce-Clause Challenge Over Washington Coal-Export Terminal Overcomes First Hurdle

In a March commentary, we appraised a legal challenge filed by two companies involved in the mining and delivery of coal against several Washington state officials for their role in blocking approval ...
National Review

Mark Levin: Not-So-Fast on Commerce Clause

World Cup Summers a Bit Different? New Gallup Poll Shows Stability in Public Attitudes Toward Abortion Trump Temporarily Pulls Jay Clayton DNI Nomination to Pressure Congress on Voter ID Audio By ...
SCOTUSblog

International child custody, arbitration, dormant commerce clause, and overtime

Type to search articles, cases, and authors. Press ↵ to view all results. The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short ...
American Enterprise Institute

State Regulation of Online Behavior: The Dormant Commerce Clause and Geolocation

Many state laws apply to internet communications. Indeed, we take many such laws for granted. If you publish an online magazine or a blog that comments on people from all fifty states, you might be ...
Forbes

How US Constitution's Dormant Commerce Clause Is Challenging Marijuana Legislations

A number of U.S. states that have legalized the sale of marijuana are being sued by companies that have not entered the legal market, using the Constitution's dormant commerce clause as their basis ...
The Atlantic

How Obamacare Will Be Settled: A Primer on the Commerce Clause

As the Supreme Court hears arguments about the individual mandate, a complete look at the history of similar constitutional decisions. Amid rampant speculation over the fate of Obamacare in the ...
National Review

There’s a Limit on the Commerce Clause

Another ‘Elephants Are Persons’ Lawsuit Goes to a State Supreme Court Refunding Planned Parenthood in America? My Astonishing Oregon Trail In California, the Damage of the ‘Billionaire Tax’ Has ...
The Washington Post

The commerce clause was a GOP bogeyman. Now it’s being used to authorize pandemic liability protections.

Amy Dru Stanley is a history professor at the University of Chicago and the author of the forthcoming book “The Antislavery Ethic and the Spirit of Commerce: An American History of Human Rights.” For ...