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The Libertarian Podcast: Understanding the Dormant Commerce Clause
In the latest installment of the Libertarian podcast, Professor Epstein is giving listeners a tutorial on the Dormant Commerce Clause — the controversial legal doctrine that was at stake in the Supreme Court’s recent ruling in Comptroller of the Treasury of Maryland v. Wynne. What is it? Why was it able to so dramatically scramble judicial alliances in the Comptroller case (where the majority consisted of Alito, Roberts, Kennedy, Breyer, and Sotomayor)? And why does Justice Scalia regard it as a “judicial fraud”? Find the answers by listening in below or subscribing to the Libertarian podcast via iTunes or your favorite podcast app.
Published in Law
FYI, if anyone wants to read a quick summary of the Wynne case, I posted one yesterday. Quite the timing!
Prof. Epstein misspoke at one point, stating that Kagan wrote the principal dissent — it was written by Ginsburg, joined by Scalia and Kagan.