2min chapter

We the People cover image

Pork, the Dormant Commerce Clause, and Legislating Morality

We the People

CHAPTER

Irwin, Justice Gorsuch, Is This Just a Form of Enshrining Non-Textual Economic Liberties?

This is a sleeper case. This case has not gotten as much attention as it deserves. If the court strikes down this California law, we're going to have pretty much the status quo because states haven't been using their market power to punish activities that are completely outside of their sphere of interest. Michael, how important is this case in the debate among conservatives about non-textually enumerated rights? I believe there should be a Dormant Commerce Clause but I think that in this instance, it's not about California discriminating as anything other states.

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