On June 27, 2022, the Supreme Court declined to hear an important case about the dormant Commerce Clause. The denial of review was a setback for WLF, which filed an amicus brief urging the Court’s review. The Third Circuit held that Pennsylvania may apply its usury laws to a Delaware corporation doing business in Delaware if the loan is serviced in Pennsylvania. WLF’s brief explained how this extraterritorial application of Pennsylvania law violates horizontal federalism principles. The brief also explained why this was a good case to pair with National Pork Producers and described the real-life consequences of the Third Circuit’s decision. Online Lenders Alliance joined WLF on the brief.
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