MI Bar Practice Questions - Michigan Bar Examination Exam

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A state law prohibits the sale of a particular product. A company challenges it as discriminating against interstate commerce. Under the dormant Commerce Clause, a state law that facially discriminates against out-of-state commerce is:

Subject to a virtually per se rule of invalidity unless it serves a legitimate local purpose that cannot be served by nondiscriminatory means Always valid because states have police power Reviewed only under rational-basis scrutiny Immune from challenge unless Congress has acted

Correct Answer:

Subject to a virtually per se rule of invalidity unless it serves a legitimate local purpose that cannot be served by nondiscriminatory means

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