Prudential Insurance v. Benjamin

1. For many years, I have been describing Prudential Ins. Co. v. Benjamin as inscrutable and as an opinion whose logic is difficult to discern. Having reread the opinion for purposes of preparing these materials, I stand by that opinion. See if you can find the logic in the opinion? See if you can discern its actual holding.

2. Prudential Ins. Co. v. Benjamin is still the best citation for the argument that Congress can waive federal power that would otherwise exist under the dormant commerce clause to bar discriminatory actions by states. No one has yet succeeded with an argument that Congress can waive the prohibition of the Article IV privileges and immunities clause against certain forms of actions by states that discriminate against non-residents. Should the two areas of federalism be treated differently: one waivable and one not?