On the one hand, this article argues that generally the "interstate commerce power" is itself seen narrowly as limited to regulation of commerce--however defined (4)--that is in the process of crossing state boundaries only, and thus the power often needs considerable assistance from various commerceextending doctrines if it is going to reach activity inside states.
After the Civil War, these narrow commerce doctrines survived, though obviously no longer in the service of slavery, (23) but instead in the service of an emerging "laissez-faire" outlook on the Court, where they soon found perfect expression in two recently invented terms: "interstate commerce" and "intrastate commerce."
because they in fact regulated interstate commerce. (15) Thus, it is
nonetheless affected interstate commerce, and thus should have fallen
The Association for Accessible Medicines, a generic drug industry group challenging the law, has told the justices that the 4th Circuit was right and that review and reinstatement of the law "would not only upend longstanding, well-established (Supreme Court) precedent, but also fundamentally alter interstate commerce as we know it."
Finally, the act, if similarly enacted by other states, would impose a significant burden on interstate commerce involving prescription drugs."
By law, a 2015 Napa Valley Cabernet Sauvignon sold in interstate commerce is required to be made from at least 85% grapes grown within the boundaries of the Napa Valley AVA, at least 95% of grapes from the 2015 vintage and at least 75% Cabernet Sauvignon, and be fully finished in California.
As it stands today, however, a winery that sells its wines only in the state where it was produced and uses a COLA exemption can put information on its label that doesn't comply with the appellation, vintage or variety requirements or the place of production requirement that applies to every wine sold in interstate commerce.
(34) The Court chose to incorporate the FCC's neighboring sub-clauses, the Indian Commerce Clause and the Interstate Commerce
Clause, to guide it in its reasoning due to a lack of case law and judicial opinion surrounding the interpretation of the FCC.
The Tenth Circuit held that Colorado's notice and reporting requirements law does not violate the dormant Commerce Clause because it does not discriminate against or unduly burden interstate commerce
. The court broke the discussion of its decision into three parts: an overview of the dormant Commerce Clause doctrine; an analysis of the effect of the bright-line rule from Quill Corp.
," (84) The Minnesota Rate Cases