Articles

Revisiting limits (or the lack thereof) to the federal government's Commerce Clause authority in light of the Ninth Circuit's delta smelt decision

March 27, 2011 | By PACIFIC LEGAL FOUNDATION

Author: Brandon Middleton Friday's decision from the Ninth Circuit to uphold the federal government's delta smelt water cutbacks against PLF's Commerce Clause challenge was based on a 2005 Supreme Court case, Gonzales v. Raich, 545 U.S. 1 (2005).  In Raich, the Court held that federal regulation of noncommercial, intrastate produc ...