Quite simply, the dormant commerce clause jurisprudence has concluded that facial discrimination, as alleged here, is almost per se unconstitutional unless the state has no other reasonable means. In no way does the law show incidental and purely local effects. We live not only increasingly interconnected, but also increasingly dependent. Commerce flows much more quickly across state lines than ever before. Virginia, it seems, is in for a reality check on how open we want society since Richard Nixon's shameful presidency.
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