Page 25 - Interstate Commerce News Today

Appointee, he saw through what texas was trying to do and writes this in part, fully aware that depriving its citizens of this right by direct state action would be flagrantly unconstitutional, meaning the right to abortion, the state contrived an unprecedented and transparent statutory scheme to do just that. but the judge went on to note the reality on the ground here for women in texas is that women are still getting abortions. theyre just not getting them in texas. women who have the means a...

Wade is one that no member of the supreme court, not any member would buy today. its simply that they ducked the issue last time. the second big argument that texas made is that basically the united states has no business going to court in order to get this law reviewed, even though nobody else apparently is able to review it. the united states has no stake in this, and that also didnt fly very well. one of their really bizarre arguments was that the united states government is there to protect ...

Today. they simply ducked the issue last time. second big argument that texas made is, basically that the united states, has no business going to court, in order to get this law reviewed, even though nobody else apparently is able to review it. the united states has no stake in this, and that also did not fly very well, one of their really bizarre arguments, was that, the united states government is there to protect and encourage interstate commerce. this law actually does not her interstate com...

Power. and since the pandemic or the spread of disease is not commerce, this goes beyond, again, the regulatory authority that the government has. and beyond that its trying to get businesses to do its dirty work. the federal government cannot directly require people to get vaccinated. and so it cant do the same thing by telling businesses to do it. >> as law professors we know the commerce clause is very broadly interpreted. and this clearly is affecting commerce. its affected the ability of bu...

To regulate interstate commerce. >> of course, whether or not i eat broccoli doesnt affect your health. but whether or not i get vaccinated or wear a mask, theoretically could. there are at least five vaccines required for children to go to school or daycare in every state in the nation according to the national academy for state health policy. mumps, measles, polio, rubella, chickenpox. why would what president biden is attempting to do be any different than requiring children to get these shot...

The number is actually probably much higher, not to mention all the people that have been injured and hurt. what could the president do to push people to get mandated? he would argue, president biden, that they have tried every persuasive technique. but what powers does he have that could push people to get vaccinated this holdout group, the 26% that are eligible that refuse to get vaccinated? >> well, assuming congress has created a law giving regulatory authority over interstate commerce for t...

Emergency relief that osha can pass emergency relief to protect workers safety. so i think the suggestion that somehow this is unconstitutional is overblown, if not frivolous, frankly. >> ilya, go ahead. >> im getting flashbacks to these sorts of arguments that i was having over ten years ago over the supreme court mandate. this is why i keep saying that the federal government cant force businesses to do its dirty work. its not necessary and proper for the enforcement of interstate commerce. rem...

Interferes with interstate commerce or in this case perhaps international commerce to mexico or to new mexico within the country or that violates human rights pursuant to a treaty in order to get injunctive relief. i know the attorney general is looking closely at all of his options. he also has optioned under the ku klux klan act to bring criminal proceedings against bounty hunters who are basically engaged in the kind of vigilante justice that led to the enactment of the ku klux klan act of 19...

Meaningfully? >> you got did just right. you brought back wonderful memories and you got all of it right. the whole case arose because of this arbitrary power that was given to a private entity. it happened to be a church. but the issue is the same, whether its a church or not. theres all these cases in which the supreme court has said you cannot give governmental power over peoples lives or liberty to private bodies that have no public accountability. and the supreme court has said in 1925 in t...

In 1925, in a unanimous decision, that the attorney general of the united states, even without a statute, has authority to go to court, to represent the united states against any state, which interferes with interstate commerce, or in this case, international commerce, to mexico, or to new mexico within the country. or that violates human rights pursuant to a treaty. in order to get injunctive relief. and i know, the attorney general is looking closely at all of those options. he also has option...