MBE® Flashcard

IF A STATE LAW MERELY INCIDENTALLY BURDENS INTERSTATE COMMERCE, WHAT MUST THE STATE SHOW TO HAVE THE LAW UPHELD?

 

The law will be upheld unless the burden imposed on interstate commerce clearly outweighs the local benefits. The state must show:

• the regulation furthers a legitimate state interest;

• the law is rationally related to that legitimate state interest; and

• the state’s interest in enforcement outweighs the burden on interstate. 

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