What is the evidentiary burden to prove that a statute has a discriminatory effect on interstate commerce?

MultiRegion, United States of America

The following excerpt is from Rocky Mountain Farmers Union v. Corey, 258 F.Supp.3d 1134 (E.D. Cal. 2017):

Accordingly, "there are two complementary components to a claim that a statute has a discriminatory effect on interstate commerce: the claimant must show both how local economic actors are favored by the legislation, and how out-of-state actors are burdened by the legislation." Eastern Ky. Res. v. Fiscal Court of Magoffin Cty., Ky., 127 F.3d 532, 543 (6th Cir. 1997) ; see also Pac. Nw. Venison Producers v. Smitch, 20 F.3d 1008, 1012 (9th Cir. 1994) (holding Washington regulations were not discriminatory in effect because they did not "result in the citizens of Washington receiving benefits that are denied to others"). "In cases such as this, where neither facial discrimination nor an improper purpose has been shown, the evidentiary burden to show a discriminatory effect is particularly high." RMFU, 730 F.3d at 1100.

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