Judges split on whether exception applies

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted June 24, 2021 11:45 AM

This is second part of a two-part series. Part one came out on Wednesday.The 10th Amendment’s anticommandeering doctrine — the principle that Congress “may not conscript state governments as its agents,” New York v. United States, 505 U.S. 144 (1992) — is not violated “when Congress evenhandedly regulates an activity in which both states and private actors engage.” Murphy v. NCAA, 138 S. Ct. 1461 (2018). During en banc review by the 5th U.S. Circuit Court of Appeals of an attack on …

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