…I think plans A & B in an alleged commercial spammer’s legal defense (the Dormant Commerce Clause and First Amendment challenges) have now taken enough hits to be declared at least in the coffin, if not dead. Why? In the case of the Dormant Commerce Clause, it isn’t the slow accretion of adverse cases swaying the tide of legal thinking, as with First Amendment Cases, but an intuitively and legally obvious reason I explain below. While plans A&B lay near death, courts (much like they have been doing for the last 200-plus years) are still struggling with notions of jurisdiction. As a result, plan C (resisting the jurisdiction of an out-of-state court) looks to remain a source of continued litigation between spammers and those who would sue them…