Why Neil Gorsuch, Clarence Thomas, and Amy Coney Barrett sided with two progressives to protect pigs.
, directs court to assess the “burden” that a law imposes on interstate commerce. If the burden is “substantial,” then a court must ask whether it is “clearly excessive in relation to” its in-state benefits.The word “balancing” is like a Bat-Signal for Gorsuch, who loathes the very concept of judges weighing subjective factors rather than applying a categorical rule.
balancing and found that Proposition 12 passed muster. He explained that California’s law will merely trigger “a shift from one set of production methods to another,” and the market will adjust accordingly. Maybe in-state producers will take a bigger share of the California pork market, or some out-of-state competitors will adapt more quickly than others.
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