In the ongoing saga of Facebook’s challenge of the Illinois Biometric Law, it declared last week that the Illinois law violates the United State Constitution.

According to Facebook’s Answer in a suit filed against it in California, the law is unconstitutional because it violates the Commerce Clause, which limits states from enacting legislation that would burden interstate commerce. In this case, Facebook is saying that not allowing it to use biometric analysis software to scan photographs posted by users in Illinois restricts its ability to use the data in commerce and therefore, its ability to engage in interstate commerce.

Facebook has also filed a Motion to Dismiss the entire case, which is pending.

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