On Friday, December 18, the Institute for Justice filed its reply brief in support of certiorari in Courtney v. Danner, a fascinating case asking the U.S. Supreme Court to revisit the Privileges or Immunities Clause of the Fourteenth Amendment. The Questions Presented are:
1. Is the “right to use the navigable waters of the United States,” which was recognized by this Court in the Slaughter-House Cases, 83 U.S. (16 Wall.) 36, 79 (1873), limited solely to uses involving interstate or foreign commerce?
2. Does the Privileges or Immunities Clause of the Fourteenth Amendment generally bar claims against the power of State governments over the rights of their own citizens, even when the claim involves abridgement of a recognized right of United States citizenship?