DIRECTV, Inc. v. Roberts
Petition for certiorari denied on November 2, 2015Linked with:
Issue: Whether the threshold requirement that two businesses be “similarly situated” for Commerce Clause purposes depends on whether they directly compete in the relevant market (which is how three circuits and three state supreme courts analyze the issue), or whether it instead requires a court to attempt to assess whether the businesses are regulated differently, how the businesses operate, and how the state justifies the law (as four circuits and one state supreme court have held).
