AZ402
Well-known member
A critical ruling was handed down today (6/8)in a North Dakota case where the state of Minnesota filed suit against North Dakota. Minnesota used the same commerce clause attack that USO used against Arizona except in this case it was related to restrictions on waterfowl hunters.
To make a long story short, the court ruled in favor of N.D. and held that hunting is NOT commerce but rather recreation. Here's a couple of quotes, " Commercial waterfowl hunting is not legal so it cannot be commerce." "Access to recreational hunting by non-residents is simply not protected by the "Privileges and Immunities Clause." "This court wholly rejects the Ninth Circuit's analysis in Conservation Force vs Arizona. The decision is flawed in its reasoning and unprecedented."
To make a long story short, the court ruled in favor of N.D. and held that hunting is NOT commerce but rather recreation. Here's a couple of quotes, " Commercial waterfowl hunting is not legal so it cannot be commerce." "Access to recreational hunting by non-residents is simply not protected by the "Privileges and Immunities Clause." "This court wholly rejects the Ninth Circuit's analysis in Conservation Force vs Arizona. The decision is flawed in its reasoning and unprecedented."