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Horse Sausage

Divided Argument

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Is the German Commerce Clause a Balancing Test?

This is another like SG move, I think it takes advantage of the procedural posture of the case. This is still at the motion to this stage. Petitioners plausibly allege that they the law fails the balancing test. So I could say I'd be attractive to some of the justices methodologically. It's a tough sell, I think for a lot of more conservative justices,. Just because it's kind of a fuzzy balancing test.

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