Reason

The Dormant Commerce Clause and Geolocation: Introduction

[Jack Goldsmith and I will have this article out in the Texas Law Review early next year, and I'm serializing it here. There is still plenty of time for editing, so we'd love to hear any ...
Law

The 'State' of Cannabis Banking—The Dormant Commerce Clause

With the cannabis industry growing rapidly and an increasing number of states legalizing the federally outlawed drug, out-of-state market participants are trying to strike down certain aspects of ...
JD Supra

Dormant Commerce Clause Limits New York’s Cannabis Licensing – A New Second Circuit Decision

In an August 12, 2025, opinion, the U.S. Court of Appeals for the Second Circuit vacated an order from the Northern District that had denied preliminary injunctive relief to two California-owned ...
Law

Rescheduling Letter Release? / Dormant Commerce Clause Case / Cannabis and Citizenship / Connecticut Crackdown

Welcome back to Higher Law, our weekly briefing on all things cannabis. I'm Cheryl Miller, reporting for Law.com from Sacramento. This week we're looking at: The possible release of HHS' rescheduling ...
Reuters

In Variscite ruling, Dormant Commerce Clause comes for New York's in-state conviction preference for cannabis licenses

September 10, 2025 - As readers of this column know, New York's Adult-Use licensing scheme has experienced numerous challenges, both operationally and in court. Last month, the 2nd U.S. Circuit Court ...
Reason

The Dormant Commerce Clause, Geographical Identification, and Blocking Technology

[Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm ...