4 ms·
If California regulation de facto prohibits out-of-state cars from being sold or operating inside of it the rules may run afoul of the interstate commerce claus
by jigglesniggle 7y ago
If California regulation de facto prohibits out-of-state cars from being sold or operating inside of it the rules may run afoul of the interstate commerce clause.
At least in the history book I used there is a direct parallel: a precedent setting case had to do with regulations about tractor trailer wheel mudflap sizes. States would set different conflicting values so that they could restrict the traffic through them (or force a waste of time before coming in).
There may also be another argument based on how states must, in general, respect each other's licenses (marriage, driver, etc; but interestingly not concealed carry, something I suspect will be tested again soon).
- arcticbull 7y ago> If California regulation de facto prohibits out-of-state cars from being sold or operating inside of it the rules may run afoul of the interstate commerce clause. Right, but in our scenario they're not prohibiting them, they're prohibiting registering them. That's different than the mud-flaps issue, which does actually seem problematic in my opinion for exactly that reason: it inhibits inter-state commerce.
- jigglesniggle 7y agoThe test is one that doesn't care about intent. If it can be found that, say, bespoke car makers (do they even exist?) based outside of California have a much harder time selling to California residents because of this law then it could be struck down. It would also be possible to use the lack of any small car makers as evidence against the law in question.