KS Bar Practice Questions - Kansas Bar Examination Exam

Under the Dormant Commerce Clause, a state law that discriminates against out-of-state commerce on its face is:

Presumptively valid Reviewed only under rational basis Always valid if it raises revenue Subject to the strictest scrutiny and virtually per se invalid unless it serves a legitimate local purpose that cannot be achieved by nondiscriminatory means

Correct Answer:

Subject to the strictest scrutiny and virtually per se invalid unless it serves a legitimate local purpose that cannot be achieved by nondiscriminatory means

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