District No. 1, Pacific Coast District, M.E.B.A. v. State of Alaska

SKOPIL, Circuit Judge:

The State of Alaska appeals from the district court’s summary judgment holding Alaska’s “Change Port” statute unconstitutional under the commerce clause and the privileges and immunities clause of the United States Constitution. We vacate the summary judgment and remand with instructions to transfer the action to the District of Alaska.

FACTS

The Alaska Marine Highway System, which is owned and operated by the State of Alaska, operates ferries between Seattle, Washington and Alaska, as well as between Alaskan ports. Many of the System’s employees live in Washington, the…