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C. TRADE.

WNE Law No Date [Western New England Law School, “Review of Pre-Emption, Dormant Commerce Clause, and Privileges and Immunities,” https://www.wneclaw.com/conlaw/preemptionpandidccreview.html]

Economic Protectionism. As Justice Souter stated in Department of Revenue of Kentucky v. Davis, "The modern law of what has come to be called the dormant Commerce Clause is driven by concern about 'economic protectionism - that is, regulatory measures designed to benefit in-state economic interests by burdening out-of-state competitors.' " If a state or local law is designed to achieve some economic benefit for the state or locality in the form of hoarding resources or avoiding economic burdens, the purpose of the law will be viewed as economic protectionism and this purpose is illegitimate under the dormant Commerce Clause. Typically, a law that is aimed at achieving the goal of economic protectionism will discriminate against out-of-state commerce on its face or in its effect.

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