Helen Hecht and Lila Disque of the MTC consider Justice Kennedy’s concurrence in the Direct Marketing Association case inviting states to bring a challenge to Quill, and the general problems in mounting such a test case. The article also discusses what Justice Kennedy’s plurality opinion in the recent personal jurisdiction case, J. Mcintyre, might say about whether at least some of the Justices on the Court are rethinking the due process principles supporting state adjudicatory jurisdiction and if so, whether this might also signal a willingness to revisit Quill’s due process and related Commerce Clause underpinnings.
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