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Francis J. Serbaroli

In a blow to New York’s efforts to fund expanded opioid addiction treatment and education, the U.S. District Court for the Southern District of New York has declared the state’s new Opioid Stewardship Act unconstitutional. Healthcare Distribution Alliance v. Zucker et al., 16 Civ. 6168 (KPF) U.S. Dist. Ct. SDNY, Dec. 19, 2018. The court did so using the so-called Dormant Commerce Clause (also known as the Negative Commerce Clause), a legal doctrine inferred from the Constitution’s Commerce Clause by the Supreme Court. In essence, the Dormant Commerce Clause prohibits state and local laws from discriminating against interstate commerce, or favoring in-state commerce over out-of-state commerce.

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