Summary
observing that the Supreme Court "has failed to produce a readily discernable standard for distinguishing between statutes that have discriminatory effects and those that merely create incidental burdens" on interstate commerce
Summary of this case from NextEra Energy Capital Holdings, Inc. v. LakeOpinion
No. 13–50900.
2014-09-25
CHURCHILL DOWNS INCORPORATED; Churchill Downs Technology Initiatives Company, doing business as TwinSpires.Com, Plaintiffs–Appellants v. Chuck TROUT, In His Official Capacity as Executive Director of the Texas Racing Commission; Gary P. Aber, In His Official Capacity as a Member of the Texas Racing Commission; Susan Combs, in Her Official Capacity as a Member of the Texas Racing Commission; Ronald F. Ederer, In His Official Capacity as a Member of the Texas Racing Commission; Gloria Hicks, In Her Official Capacity as a Member of the Texas Racing Commission; Michael F. Martin, In His Official Capacity as a Member of the Texas Racing Commission; Allan Polunsky, In His Official Capacity as a Member of the Texas Racing Commission; Robert Schmidt, In His Official Capacity as a Member of the Texas Racing Commission; John T. Steen, III, In His Official Capacity as a Member of the Texas Racing Commission; Vicki Smith Weinberg, In Her Official Capacity as a Member of the Texas Racing Commission, Defendants–Appellees.
Editor's Note: The opinion of the United States Court of Appeals, Fifth Circuit, in Churchill Downs Inc. v. Trout, published in the bound volume at this citation, 767 F.3d 521, was not intended for publication in the Federal Reporter. It will be republished in the Federal Appendix. See 2014 WL 7530293.