Brannon Denning and I had a delightful conversation at AEI on the Supreme Court wine cases, followed by an terrific discussion of the medical marijuana cases as well. Or as the moderator put it, “For today’s purposes, alcohol is just a gateway to marijuana.” For interested readers, you can find my collected VC blogs collected into one document here, and Prof. Denning’s contrary analysis here.
In that context, I wanted call interested readers attention to an excellent new article by Prof. Denning on the historical background to the dormant Commerce Clause which documents the presence of interstate discrimination during the Confederate era that underpins the nondiscrimination principle of the Commerce Clause. The historical research, synthesis, and analysis is exhaustive and persuasive.
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