Re: What about a Dormant commerce clause argument, address that please
As my lunch hour is almost over, I decline to go researching for more cases. The porn cases previously cited already demonstrate the point you seem to miss: commerce that occurs interstate can ONLY be regulated by the Federal Government. You are completely wrong, as I recall from 1st year law school, to state that "it is fine for the Federal government to explicitly defer an issue to state regulation from a DCC perspective" if the issue is an issue of interstate commerce.
If you think I am wrong, cite one case please that supports the above quote.
Or, as a refresher course on the commerce clause, google "interstate wine sales" and you will find a recent case in which the US Supreme Court overturned state laws that required out of state wine shippers to obtain some sort of in-state license or similar thing.
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