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You Can Crime If You Want To

Strict Scrutiny

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The Pike Balancing Test

Pike balancing test was designed to identify laws that are intentionally trying to suppress out-of-state commerce, so to be discriminatory. In this case, Proposition 12 was not intended to suppress out of state interests. Justice Kavanaugh wrote in his partial dissent slash concurrence, although parts 4B and 4D of Justice Gorsuch's opinion would essentially overrule the Pike balancing test. So I do think the math means Pike remains. For now.

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