Constitutional Law,
U.S. Supreme Court
May 16, 2023
Clarifying the dormant commerce clause
The bottom line is that the Court ruled in favor of the ability of states to regulate what is sold in their borders, even if the impact is on out-of-staters.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
Few topics of constitutional law elicit more yawns from my students than the dormant commerce clause, but it is a topic of great practical significance and the Supreme Court’s recent decision in National Pork Producers Council v. Ross provides important clarifications.
The dormant commerce clause is the principle that state and local laws are unconstitutional if they place an undue burden on interstate commerce....
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