Eric Friedlander, in His Official Capacity as Secretary of the Kentucky Cabinet for Health and Family Services, et al. v. Phillip Truesdell, et al.
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Whether the modern case law approach controls a court's analysis of the dormant Commerce Clause and repudiates the holding in Buck v. Kuykendall
QUESTIONS PRESENTED The Questions Presented are: (1) Whether the modern case law approach controls a court’s analysis of the dormant Commerce Clause and repudiates the holding in Buck v. Kuykendall, 2167 U.S. 307 (1925)? (2) If Buck v. Kuykendall has not been repudiated, whether the United States Court of Appeals for the Sixth Circuit erred when it found Buck, a case concerning stage lines, indistinguishable from the present case, holding a portion of the Commonwealth of Kentucky’s Certificate of Need laws for healthcare ground ambulance services per se unconstitutional?