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 ...
Reason

The Dormant Commerce Clause, Geographical Identification, and Blocking Technology

[Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm ...
Law

Rescheduling Letter Release? / Dormant Commerce Clause Case / Cannabis and Citizenship / Connecticut Crackdown

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 ...
The American Conservative

If the Individual Mandate is Constitutional, the Commerce Clause has No Limits

Politico’s excellent overview of some of the rulings that might be brought to bear in the deliberations over the President’s healthcare law next week explains, in layman’s terms, how the decision ...
Reuters

In Variscite ruling, Dormant Commerce Clause comes for New York's in-state conviction preference for cannabis licenses

September 10, 2025 - As readers of this column know, New York's Adult-Use licensing scheme has experienced numerous challenges, both operationally and in court. Last month, the 2nd U.S. Circuit Court ...