Opinion of Kavanaugh, J.
under Pike. I respectfully disagree with that conclusion for the reasons well stated in The Chief Justice’s separate opinion.[1]
I add this opinion to point out that state economic regulations like California’s Proposition 12 may raise questions not only under the Commerce Clause, but also under the Import-Export Clause, the Privileges and Immunities Clause, and the Full Faith and Credit Clause.
I
In the 1780s, the Framers in Philadelphia and the people of the United States discarded the Articles of Confederation and adopted a new Constitution. They did so in order to, among other things, create a national economic market and overcome state restrictions on free trade—and thereby promote the general welfare. By the summer of 1787, when the delegates met in Philadelphia, state interference with interstate commerce was cutting off the lifeblood of the Nation. See Tennessee Wine and Spirits Retailers Assn. v. Thomas, 588 U. S. ___, ___ (2019) (slip op., at 7). For the delegates, therefore, “removing state trade barriers was a principal reason for the adoption of the Constitution.” Ibid. In the state ratifying conventions, moreover, “fostering free trade among the States was prominently cited as a reason for ratification.” Id., at ___ (slip op., at 8).
The Constitution crafted by the Framers contains several provisions protecting free trade among the States. The Constitution’s protection of free trade among the States has resulted in an extraordinary 234-year record of progress: It has facilitated robust economic activity within the United States and has helped generate remarkable (albeit at times uneven) economic prosperity and growth in America relative to the other nations of the world.
This case involves the American pork industry, which
- ↑ The Court also unanimously rejects plaintiffs’ separate claim under Healy v. Beer Institute, 491 U. S. 324 (1989).
