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 ...
[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 ...
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 ...
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 ...
“If the government can do this, what, what else can it not do?” asked Supreme Court Justice Antonin Scalia this week in arguments on the constitutionality of the requirement that nearly all Americans ...
Two constitutional provisions at issue in the health-care challenges are the “necessary and proper” clause and the commerce clause. Necessary and proper clause: Congress has the power to "make all ...
/ Dormant Commerce Clause Case / Cannabis and Citizenship / Connecticut Crackdown A cannabis company owner challenging a state license denial "cannot use the Dormant Commerce Clause to demand a ...
March 12, 2026 - The 9th U.S. Circuit Court of Appeals kicked off 2026 by deepening one of the most consequential fault lines in US cannabis law. Its January 2 decision in Peridot Tree WA, Inc. v.
Disagreeing with successive rulings on the issue by a federal district court, the U.S. Court of Appeals for the Sixth Circuit has imposed a preliminary injunction on a Kentucky law that directs the ...
Airlines are creatures of interstate and international commerce: roaming the skies and crossing territorial boundaries to deliver passengers and cargoes to destinations not cabined by state lines. To ...
Computer crime law is mostly a federal law field. Because computer crimes cross state and national boundaries, the federal government ends up doing most of the investigations and prosecutions. The ...
The Indian Commerce Clause will be a major issue in the Nov. 9 Supreme Court argument in Brackeen v. Haaland. The questions presented are: (1) Whether the Indian Child Welfare Act of 1978's placement ...
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