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 ...
JD Supra

Supreme Court Narrows Dormant Commerce Clause Protections Against Regulation of Business in Decision Affirming California Pork Law

The dormant Commerce Clause is one of the oldest constitutional doctrines, dating to the early 1800s. The Commerce Clause of the Constitution gives Congress the authority to regulate interstate ...
Yahoo

Churchill Downs Files Suit Over ADW Shutdown In Michigan

A federal law regulating interstate simulcasting should preempt the Michigan Gaming Control Board from shutting down advance-deposit wagering, attorneys for Churchill Downs Inc.-owned TwinSpires claim ...
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 ...
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 ...
Reuters

Demystifying the dormant commerce clause's considerations for cannabis

August 2, 2023 - While we all sit around and twiddle our thumbs waiting for the Congress to de-schedule cannabis, some western states are quietly investigating the possibility of interstate cannabis ...
Washington Examiner

Congress’s taxation power: The new Interstate Commerce Clause

Although Thursday’s Supreme Court’s ruling on the Affordable Care Act restricted the degree Congress can use the Interstate Commerce Clause, the decision’s expansion of Congress’s taxing power sets a ...