Document Type
Brief
Publication Date
8-15-2022
Abstract
Barry Friedman is the Jacob D. Fuchsberg Professor of Law and Affiliated Professor of Politics at New York University Law School and is one of the country’s leading authorities on constitutional law and the federal courts. Daniel T. Deacon is a Lecturer at the University of Michigan Law School and has published extensively on topics that include constitutional and administrative law. Professors Friedman and Deacon are the authors of A Course Unbroken: The Constitutional Legitimacy of the Dormant Commerce Clause, 97 Va. L. Rev. 1877 (2011), a leading article examining the origins of the Commerce Clause and defending the validity of the dormant Commerce Clause doctrine. Accordingly, they have an interest in this case.<\p>
The Framers adopted the Commerce Clause in response to the threat posed by state economic protectionism, which was jeopardizing the political union. They did not adopt the Clause to exempt businesses from nondiscriminatory local regulations, or to place any industry’s methods of operation on a constitutional pedestal. Reflecting that understanding, this Court’s decisions addressing state laws that affect interstate commerce have long focused on averting protectionism and discrimination—a task that gives the judiciary an important but narrow role to play where Congress has not legislated. Petitioners’ effort to expand that role and to secure constitutional protection for their preferred system of production is at odds with history and precedent, and it should be rejected.<\p>
Recommended Citation
Deacon, Daniel T., "National Pork Producers Council v. Ross: Brief of Professors Barry Friedman and Daniel T. Deacon as Amici Curiae in Support of Respondents" (2022). Appellate Briefs. 79.
https://repository.law.umich.edu/briefs/79
Comments
Amicus: Friedman, Professor Barry; Fuchsberg, Professor Jacob D.; Deacon, Professor Daniel T.