Dormant Commerce Clause • Inherent limits on states’ ability to regulate interstate commerce • “State regulations may not discriminate against interstate commerce[.]” South Dakota v. Wayfair, Inc. , 138 S.Ct. 2080, 2091 (2018). • State laws that “regulate[] even-handedly to effectuate a legitimate local Dormant Commerce Clause • Inherent limits on states’ ability to regulate interstate commerce • “State regulations may not discriminate against interstate commerce[.]” South Dakota v. Wayfair, Inc. , 138 S.Ct. 2080, 2091 (2018). • State laws that “regulate[] even-handedly to effectuate a legitimate local public interest . . . will be upheld unless the burden imposed on such commerce is clearly excessive in relation to the putative local benefits[,]” Pike v. Bruce Church, Inc. , 397 U.S. 137, 142 (1970). public interest . . . will be upheld unless the burden imposed on such commerce is clearly excessive in relation to the putative local benefits[,]” Pike v. Bruce Church, Inc. , 397 U.S. 137, 142 (1970). • Inherent limits on states’ ability to regulate interstate commerce • “State regulations may not discriminate against interstate commerce[.]” South Dakota v. Wayfair, Inc. , 138 S.Ct. 2080, 2091 (2018). • State laws that “regulate[] even-handedly to effectuate a legitimate local public interest . . . will be upheld unless the burden imposed on such commerce is clearly excessive in relation to the putative local benefits[,]” Pike v. Bruce Church, Inc. , 397 U.S. 137, 142 (1970).
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National Pork Producers Council v. Ross • Prop 12 does not discriminate – Supreme Court should adopt a Per Se Rule prohibiting wholly extraterritorial regulation, or – Pike balancing test should not give any weight to “morality” laws against out-of-state burdens National Pork Producers Council v. Ross • Prop 12 does not discriminate National Pork Producers Council v. Ross • Prop 12 does not discriminate • NPPC argues: • NPPC argues:
– Supreme Court should adopt a Per Se Rule prohibiting wholly extraterritorial regulation, or
• NPPC argues:
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– Pike balancing test should not give any weight to “morality” laws against out-of-state burdens
– Supreme Court should adopt a Per Se Rule prohibiting wholly extraterritorial regulation, or
– Pike balancing test should not give any weight to “morality” laws against out-of-state burdens
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National Pork Producers Council v. Ross • What are the metes and bounds of state sovereignty? – Does upholding CA’s Prop 12 strongarm Iowa? – Does invalidating Prop 12 allow Iowa to strongarm CA? • When can states pass regulations that have an upstream impact on out-of-state businesses? National Pork Producers Council v. Ross • What are the metes and bounds of state sovereignty? – Does upholding CA’s Prop 12 strongarm Iowa? – Does invalidating Prop 12 allow Iowa to strongarm CA? • When can states pass regulations that have an upstream impact on out-of-state businesses? • How do Federalism and the Supremacy Clause defuse this problem? National Pork Producers Council v. Ross • What are the metes and bounds of state sovereignty? – Does upholding CA’s Prop 12 strongarm Iowa? – Does invalidating Prop 12 allow Iowa to strongarm CA? • When can states pass regulations that have an upstream impact on out-of-state businesses? • How do Federalism and the Supremacy Clause defuse this problem?
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Center for Business and Economic Insight
• How do Federalism and the Supremacy Clause defuse this problem?
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