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Commandeering

First Circuit Stays Court Order Commandeering New Hampshire (Though Doesn't Rely on Anti-Commandeering Arguments)

The appellate court rightly concludes that Gordon-Darby's lawsuit had multiple legal problems.

Jonathan H. Adler | 5.1.2026 4:58 PM

Yesterday a panel of the U.S. Court of Appeals for the First Circuit stayed a district court injunction, pending appeal, that would have commandeered New Hampshire by requiring it to maintain a vehicle emissions inspection program to comply with the federal Clean Air Act. As I explained here and here, the court's order violated the anti-commandeering doctrine (though the state had not made much effort to make this argument).

The unsigned order (on........

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