2min chapter

We the People cover image

Pork, the Dormant Commerce Clause, and Legislating Morality

We the People

CHAPTER

Are You Concerned About Pesticides?

Justice Kagan said, you know, New York has a law that says if you want to import fire, would you have to use a certain pesticide? If the concern is just that they don't think that other states should be able to use pesticides, well, frankly, that's just none of their business. Michael: Don't go to state legislatures in large states and ask them to use their market power to affect what's going on elsewhere. This is a very vivid example because California is not banning a particular kind of product. It's banning a product if it is made in a particular way elsewhere.

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