Dormant Commerce Clause Revived

Well, the doctrine itself wasn’t actually dormant at all but it makes for a good headline as six additional 2014 Term decisions were released by the U.S. Supreme Court on Monday. Included among them was the noteworthy decision in Comptroller of Treasury of Md. v. Wynne (13-485) touching upon dormant Commerce Clause and double state taxation issues.

More Humanities Works Going Open Access

The National Endowment for the Humanities announced in January that, through a grant to university publishers, out-of-print, but valuable humanities monographs will be made available to the public on an open-access platform. This is being done in conjunction with the organization’s Common Good initiative. The subtitle on the Common Good “about” page features a quote from the National Foundation of the Arts and Humanities Act of 1965: “The humanities belong to all the people of the United States.” NEH and Mellon are jointly committing $1 million to this effort.

“Most humanities books are not best sellers…Let’s see if we can come up with creative ways of getting that material spread as widely as possible,” said Brett Bobley, NEH chief information officer.

Burwell Argument Exchange on Exchanges: Acceptable to Modify Clear Statutory Provisions to Conform to Constitution?

Read the Burwell oral argument transcript from March 4. There is an interesting segment from (roughly) pages 14 to 18 involving Breyer, Kennedy, Scalia, Sotomayor, and attorney Michael A. Carvin, on the consequences of holding the federal exchange invalid upon certain federalist principles. The elimination of subsidies to the non-participating states’ citizens would presumably have a coercive effect upon the states. I’ll post something more on all of this later. The decision is expected in June.