SCOTUS overruled another venerable precedent this week. (Will Roe v. Wade be the next to go?) The case is South Dakota v. Wayfair, Inc., a decision we hope is quickly overruled by Congress. Due to other commitments (Summer A grading), we will discuss the sordid details of the Wayfair case–and propose a bill to Congress to overrule this hideous decision–next week. In the meantime, check out Will Baude’s excellent summary, via Volokh, of this stare decisis divide.
Update (29 June 2018): I have now posted part 1 and part 2 of my analysis of the Wayfair case.
I hope it gets overruled also.
The reach of the US Government in “interstate commerce” is so ridiculously broad already — my exhalation of carbon dioxide will someday be considered a pollutant in a neighboring state, therefore subject to the Commerce Clause — so this sales tax thing seems like, what took them so long?
Yes, SCOTUS has created (and not yet overturned) a “cumulative effects” test: even purely local or intra-state activity can be regulated by Congress if the aggregate effects of the activity are large enough!
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Reblogged this on prior probability and commented:
Stare decisis for thee but not for me?