May 11, 2017 | By Kylie Larkin — Professor Naomi Harlin Goodno‘s article, “When the Commerce Clause Goes International: A Proposed Legal Framework for the Foreign Commerce Clause,” 66 Fla. L. Rev. (2013), was quoted by Supreme Court Justice Clarence Thomas in his dissent from the denial of certiorari in Batson v. United States, 818 F.3d 651 (11 Cir 2016), cert denied, 137 S.Ct. 850, 851 (Thomas, J. dissenting) (U.S. Mar. 6, 2017).
Excerpt from Batson v. United States (Justice Thomas, dissenting from the denial of certiori):
The Court of Appeals correctly noted that this Court has never “thoroughly explored the scope of the Foreign Commerce Clause.” 818 F. 3d, at 667; accord, e.g., Goodno, When the Commerce Clause Goes International: A Proposed Legal Framework for the Foreign Commerce Clause,65 Fla. L. Rev. 1139, 1148–1149 (2013) (“The U. S. Supreme Court has not yet articulated the extent of Congress’s power under the Foreign Commerce Clause to enact laws with extraterritorial reach. Because of this lack of guidance . . . lower courts are at a loss for how to analyze Foreign Commerce Clause issues”).
The full dissent may be found at: www.supremecourt.gov
Professor Goodno’s article, “When the Commerce Clause Goes International,” may be found at: scholarship.law.ufl.edu