Martha A. Field, Garcia v. San Antonio Metropolitan Transit Authority: The Demise of a Misguided Doctrine, 99 Harv. L. Rev. 84 (1985).
Abstract: Twice the Supreme Court has reversed itself on the question of whether state sovereignty restricts Congress in exercising its powers under the commerce clause, and the dissenters in the latest round have promised to overturn the Court again. 1 Given the closeness of the votes and the prospect of new appointments to the Court, the ultimate outcome remains uncertain. But it is increasingly clear that the effort of four members of the current Court to make state sovereignty a major constraint on Congress's use of its delegated powers should now be abandoned for good.