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 ...
Reason

The Dormant Commerce Clause, the Internet, and Geolocation

[Update 4/27 - This posting has generated an unusually vigorous and enlightening discussion in the Comments section. Recommended reading.] The argument, while plausible enough, strikes me as misguided ...
Reason

The Dormant Commerce Clause, Social Media Platforms, and Restrictions on Political Discrimination

[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 ...
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 ...
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 ...
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 ...