As businesses have scrambled to obtain compliance with the
California Consumer Privacy Act (CCPA) in recent months, questions
surrounding its constitutionality have arisen. As a broad,
sometimes unclear state law that imposes significant obligations on
businesses around the country, CCPA may be ripe for legal
challenge. The strongest bases for such challenges appear to be:
(1) that CCPA violates the "Dormant Commerce Clause"; and
(2) that CCPA is impermissibly vague.
Dormant Commerce Clause
The burden that CCPA imposes on out-of-state economic activity
may place it in violation of the Dormant Commerce Clause, a legal
doctrine created out of the Commerce Clause of the US Constitution.
The Commerce Clause allows the US Congress to regulate interstate
commerce; from this grant of power, courts have inferred a
limitation on the authority of states to regulate interstate
commerce, a doctrine coined the Dormant Commerce Clause. On this
basis, courts will strike down
