interstate commerce

In Support of Public Health Federalism

Centers for Disease Control and Prevention

Reactionary State Responses to COVID-19 (and Other Threats to Public Health) Don’t Mean Federalism Is For Suckers

For decades, “states’ rights” has been a rallying cry of the right wing. Most Americans are familiar with the dynamics that required the federalization of civil rights law, both in the 1860s and again in the 1960s, the protection of much of our nation’s federal lands, and the national crises that necessitated the federal government …

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Regulators Between a Rock and a Hard Place: The Extraterritorial Dilemma

Current dormant commerce clause doctrine creates an incredible dilemma for state lawmakers. No matter what they do, they are at serious risk of attack under the dormant commerce clause. Here’s an example. Suppose a state wants to move its own electricity generators from fossil fuels to renewable energy. For instance, the state might require that …

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Attack of the Dim Bulbs

The country may be flirting with deadbeat status and risking another financial meltdown, but some people keep their eyes on the prize — they know what’s really important. The House of Representatives yesterday voted on the BULB Act, repealing the federal mandate to increase the energy efficiency of light bulbs. (The bill was considered so …

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