This lawsuit will be very interesting to follow.
While AB 962 was wending its way through the California legislature, I often wondered if it could not be attacked via the Commerce clause of the United States Constitution. But in a reply to a post that brought up just that idea, Bill Wiese replies:
We'd prefer a winning strategy. Commerce clause attacks may well result in negative outcomes or way more handwaving and time up the appeals chain. Why not go direct with a clean parallel case?I am not a lwyer, but I would have thought that a Commerce Clause strategy would be a winning strategy. Who ever heard of the FAAAA '94? I hope that this case does not lose at lower level courts so that The Volokh Conspiracy can weigh in with cogent legal analyses on the case.