Federal Judge: Kentucky price gouging statute is “likely” unconstitutional [pdf]

Money quote:

>At this stage, the Court finds that Merchants Guild is likely to succeed in showing that the practical effect of Attorney General’s recent investigations into possible violations violates the dormant Commerce Clause. Healy, 491 U.S. at 336 (citing Brown-Forman Distillers Corp. v. N.Y. State Liquor Auth., 476 U.S. 573, 579 (1986). Like in Snyder and Frosh, it appears that application of the Kentucky price gouging statutes to transactions that occur on Amazon have the inevitable effect of regulating the price charged outside of Kentucky. In other words, the Attorney General’s actions effectively dictate the price of items for sale on Amazon nationwide.