The Heritage Foundation

Commerce Clause Just Keeps On Expanding

Abused and overworked, the Commerce Clause in Article I of the U.S. Constitution authorizes Congress to regulate commerce “with foreign nations the Indian Tribes [and] among the several states.” Today ...
JD Supra

Can the Dormant Commerce Clause Shield Airlines from Applying State Wage-and-Hour Laws to Employees who Fly Predominately Outside that State?

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 ...
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 ...
Yahoo

Opinion - We have filed the case that could overturn Wickard and limit Commerce Clause powers

Add Yahoo as a preferred source to see more of our stories on Google. Roscoe Filburn owned a wheat farm in rural Montgomery County, Ohio. When he used his own farm to feed his own family, he fell ...
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 ...
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 ...
Reason

The original meaning of the Indian Commerce Clause

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 ...

9th Circuit says Dormant Commerce Clause does not apply to cannabis, sparking circuit split

Alexander Malyshev and Sarah Ganley of Carter Ledyard & Milburn LLP discuss a recent 9th Circuit decision holding the Dormant ...
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 ...
SCOTUSblog

Court to hear battle over animal welfare, the dormant commerce clause — and the price of bacon

In 2018, California voters approved Proposition 12, a ballot initiative that its supporters describe as the country’s strongest law to protect farm animals. On Tuesday, the Supreme Court will hear ...
The Washington Post

Using the dormant commerce clause to challenge state computer crime statutes

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 ...