Issue: Whether the court of appeals erred in holding that a state regime that reserves a valuable business opportunity to in-state businesses, and excludes out-of-state businesses that compete for the same customers in the same market, can escape meaningful scrutiny simply on the ground that the direct competitors employ different business models or are otherwise deemed differently situated by the state.
On Monday at 9:30 a.m. we expect orders from the October 17 Conference. We do not expect any decisions on the merits but will report promptly on any orders. The Court's next Conference is scheduled for October 31. The November sitting begins November 3.