Articles

Like a good neighbor… : the Supreme Court must enforce limits on state regulation of interstate commerce

November 16, 2015 | By JONATHAN WOOD

We’ve filed a brief in the Supreme Court, on behalf of PLF, the Cato Institute, National Federation of Independent Business Small Business Legal Center, and Reason Foundation, asking it to take up a case challenging state regulations of commerce occurring wholly beyond their borders. In this case, Colorado has adopted a law that regulates how ...

Articles

Extraterritorial state laws are unconstitutional

June 15, 2016 | By JONATHAN WOOD

This morning, a divided panel of the Eighth Circuit held that a Minnesota law regulating greenhouse gas emissions beyond the state’s borders is invalid. This is a welcome result. PLF, joined by NFIB, filed an amicus brief in the case, supporting the challenge, arguing that the Constitution’s Dormant Commerce Clause forbids extraterritor ...

Articles

Federalism depends on courts stopping states from regulating beyond their borders

May 10, 2017 | By JONATHAN WOOD

Today, PLF filed an amicus brief in the Second Circuit supporting a television manufacturer’s challenge to a Connecticut law that shifts the cost of a local recycling program onto consumers in other states. The law is plainly unconstitutional under the Dormant Commerce Clause, which forbids states from regulating or taxing activity beyond th ...