PA Bar Practice Questions - Pennsylvania Bar Examination Exam

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A state enacts a statute imposing a tax solely on goods imported from other states while exempting identical locally produced goods. An out-of-state producer challenges the tax. Under the dormant Commerce Clause, how should a court rule?

Uphold the tax as a valid exercise of the state's taxing power Apply the Pike balancing test and uphold if benefits outweigh burdens Uphold the tax if it raises revenue for a legitimate state purpose Strike down the tax because it facially discriminates against interstate commerce

Correct Answer:

Strike down the tax because it facially discriminates against interstate commerce

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