U.S. Supreme Court,
Constitutional Law
May 16, 2023
Extraterritorial state statutes and the emerging horizontal separation of powers doctrine
For litigators looking to challenge state regulations that reach into the affairs of other states, the most profound insight comes from Justice Kavanaugh's opinion. Pacific Legal Foundation's amicus brief supporting the pork producers emphasized the horizontal separation of powers principles at play when states enact extraterritorial laws like California's.
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