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 ...
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 ...
JD Supra

Cannabis Litigation Alert: Commerce Clause Back on Blast

Recently, the Department of Health and Human Services recommended to the Drug Enforcement Administration that cannabis be rescheduled on the Controlled Substances Act (“CSA”) from a I to a III. At the ...
JD Supra

Dormant Commerce Clause Limits New York’s Cannabis Licensing – A New Second Circuit Decision

In an August 12, 2025, opinion, the U.S. Court of Appeals for the Second Circuit vacated an order from the Northern District that had denied preliminary injunctive relief to two California-owned ...
Law

Using Commerce Clause Analysis, 6th Circuit Halts Kentucky Law Excluding Severance Taxes From 'Reasonable' Coal Costs

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 ...
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 ...