2min chapter

We the People cover image

Pork, the Dormant Commerce Clause, and Legislating Morality

We the People

CHAPTER

Irwin v. Lawrence

There did seem to be a division between the textualist and non-textualist justices, Michael Irwin says. Some justices said that the dormant Commerce Clause should apply only when it's protectionist legislation, he adds. On the other hand, there certainly was expressed at oral argument by some of the justices, such as Justice Kagan, a concern about balkanization," Irwin writes.

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