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Pigs, Prince, and Proven Innocence

Strict Scrutiny

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Dormant Commerce Clause Cases Are All About Intent

A lot of these dormant commerce clause cases are all about intent right like did the state intend to discriminate against you know out of state commerce and today's textual ish court purports not to care about intent. I thought there was kind of an interesting line of questioning by the chief justice about this was a ballot initiative but also health and safety concerns. Well especially because of the ballot initiative I mean maybe they find a way to do this narrowly because most states don't have ballot initiatives as a mechanism for creating policy. It would be cleaner to make a more broad rule using just like sort of ordinary representative democracy as the model for passing laws.

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