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April 30, 2007
The Dormant Commerce Clause Dozes On...
I
t is noteworthy, I think, that in United Haulers, today's dormant-commerce-clause decision at the Supreme Court, neither Chief Justice Roberts nor Justice Alito joined Justices Thomas and Scalia in their wish to jettison most of the Court's involvement in dormant-commerce-clause cases. This is a place where I had thought Thomas and Scalia might pick up at least one vote, if not two.
The early returns show Roberts and Alito to be more deferential to precedent than I had thought they would be.
Posted by Eric at April 30, 2007 3:58 PM