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Gorsuch's question suggests he is willing to limit dormant Commerce Clause to pure discrimination. Seems like Republican Justices did not take #Prop12 case to side with #hog industry, but to increase state's power to pass laws.
Gorsuch compares @NPPC & @FarmBureau to Lochner. That's the #SCOTUS equivalent of saying "come on man."
Also asks why courts should get into policy balancing as required by #BigAg's rule.
Calling it now #Prop12 stands, at least 6-3 (Dems + Thomas, Barrett, Gorsuch).
Also asks why courts should get into policy balancing as required by #BigAg's rule.
Calling it now #Prop12 stands, at least 6-3 (Dems + Thomas, Barrett, Gorsuch).
May get a dissent saying that the Courts should have applied Pike balancing by Alito and Barrett and saying it should survive a motion to dismiss. But, that's it.
