Then, Commerce prescribes a proper amount of profit that firms selling the subject product in the non-market economy should be earning, if they were operating in a market economy, again by reference to the profit experience of chosen firms in a similar industry in the other country.
This Court has a duty to defend the integrity of its precedents, and we should grant certiorari to affirm that Lopez provides the proper framework for a Commerce Clause analysis of this type.
Judge Vinson flatly rejected the administration's attempt to escape the restrictions of the Commerce Clause by appealing to the Necessary and Proper Clause.