The dormant Commerce Clause has been anything but dormant in the last couple of weeks. With Congress and the administration actively debating the proper roles of the federal and state governments in regulating AI, the dormant Commerce Clause has emerged as an important topic of date.
In part two of our AI Policy Legal Primer, leading appellate lawyers Allon Kedem, Paul Mezzina, and William Jay are back to explain the dormant Commerce Clause and how it intersects with AI policy today. They discuss how courts use principles like extraterritoriality and tests like Pike balancing to weigh challenges, and examine what those frameworks could mean for recently enacted or pending state AI laws, including California’s SB 53, Colorado’s SB 205, and New York’s RAISE Act.
If you missed part one, check out Preemption, Explained.
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