Search for: "Pike v. State" Results 1 - 20 of 293
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24 Jan 2024, 8:51 am by Joshua Fox and Larenz D. Jones
Since the Law does not discriminate against interstate commerce, the court applied the permissive balancing test under Pike v. [read post]
1 Nov 2023, 9:02 pm by Dan Flynn
  “Second, a plaintiff can demonstrate that the law violates the balancing test the Supreme Court announced in Pike v. [read post]
10 Jul 2023, 9:05 pm by Michael S. Knoll
Under the Court’s Dormant Commerce Clause doctrine, a state law imposes an undue burden on interstate commerce if, as the Court famously articulated in Pike v. [read post]
5 Jun 2023, 12:29 pm by DONALD SCARINCI
The Court next turned to the petitioners’ second theory, which was rooted in Pike v. [read post]
24 May 2023, 7:55 am by Dan Farber
” This suggests that the Pike is disfavored except in cases where a state law has a discriminatory impact. [read post]
19 May 2023, 4:00 am by Michael C. Dorf
(Even Justice Thomas thinks the Constitution limits state protectionist laws, but he would locate protection in the Import/Export Clause of Article I, Sec. 10 and the Privileges and Immunities Clause of Article IV, Sec. 2).In addition, pursuant to Pike v. [read post]
16 May 2023, 8:53 am by David Post
The challengers relied instead on a different thread of DCC caselaw, the so-called Pike balancing test: In Pike v. [read post]
If that view had gained a majority, it would have effectively overruled the 50-year-old balancing test in dormant Commerce Clause cases that was first set out in Pike v. [read post]