Dormant Commerce Clause

Supreme Court Rejects Constitutional Challenge to Virginia Public Records Law

In a unanimous decision authored by Justice Alito, the U.S. Supreme Court today turned away a constitutional challenge to residency requirement of the Virginia Freedom of Information Act. As we previously reported, the Court...more

Proposed E-Commerce Taxation Bill Might be Unconstitutional

Much attention has been paid to the Marketplace Fairness Act currently under consideration in Congress. Understandably, that coverage has focused on whether the bill, which would permit states to require out-of-state...more

Can Virginia Block Non-Residents from FOIA Requests? Supreme Court Hears Oral Arguments [Video]

The Supreme Court heard oral arguments this afternoon on whether or Virginia could legally restrict out-of-staters from accessing documents through the state’s open government laws. The plaintiffs presented a number of...more

Eleventh Circuit Upholds Florida’s “Patient Self-Referral Act of 1992? as Constitutional

On January 10, 2013, the United States Court of Appeals, Eleventh Circuit, issued a ruling upholding Floridas “Patient Self-Referral Act of 1992? (Fla. Stat. §456.05) as constitutional. The full text of the Courts ruling in...more