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Old 05-16-2006, 04:49 AM
catlover catlover is offline
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Join Date: Mar 2005
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Default The Washington State law and the Commerce Clause

I'm no lawyer, but consider the following:

Baldwin v G. A. F. Seelig (1935) invalidated a New York law prohibiting the sale in the state of milk bought outside of New York. New York argued the law was necessary to avoid price competition that would drive dairies into producing less wholesome milk. The Court, more realistically, saw the law as protectionist. Justice Cardozo wrote that when "a state tries to isolate itself economically" it must show an important interest for doing so and that it had no less discriminatory mean open for accomplishing its goal. Cardozo's test has become the standard test for evaluating state laws that discriminate against out-of-state commerce.

quoted from http://www.law.umkc.edu/faculty/proj...tecommerce.htm

There are a lot of cases on this site. Anyhow, my question is -- any chance of getting the Washington law invalidated as unconstitutional discrimination against interstate commerce?
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