Page:NPPC v. Ross.pdf/57

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
Cite as: 598 U. S. ____ (2023)
7

Opinion of Kavanaugh, J.

J., dissenting); Brown v. Maryland, 12 Wheat. 419, 438−439, 449 (1827).

In other words, if one State conditions sale of a good on the use of preferred farming, manufacturing, or production practices in another State where the good was grown or made, serious questions may arise under the Import-Export Clause. I do not take a position here on whether such an argument ultimately would prevail. I note only that the question warrants additional consideration in a future case.

Second, the Privileges and Immunities Clause provides that the “Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” Art. IV, §2, cl. 1; see South Dakota v. Wayfair, Inc., 585 U. S. ___, ___–___ (2018) (Gorsuch, J., concurring) (slip op., at 1–2); see also Tyler Pipe Industries, Inc. v. Washington State Dept. of Revenue, 483 U. S. 232, 265 (1987) (Scalia, J., concurring in part and dissenting in part); J. Eule, Laying the Dormant Commerce Clause To Rest, 91 Yale L. J. 425, 446−448 (1982). Under this Court’s precedents, one State’s efforts to effectively regulate farming, manufacturing, or production in other States could raise significant questions under that Clause. Again, I express no view on whether such an argument ultimately would prevail. But the issue warrants further analysis in a future case.

Third, the Full Faith and Credit Clause requires each State to afford “Full Faith and Credit” to the “public Acts” of “every other State.” Art. IV, §1. That Clause prevents States from “adopting any policy of hostility to the public Acts” of another State. Carroll v. Lanza, 349 U. S. 408, 413 (1955). A State’s effort to regulate farming, manufacturing, and production practices in another State (in a manner different from how that other State’s laws regulate those practices) could in some circumstances raise questions under that Clause. See, e.g., M. Rosen, State Extraterritorial Powers Reconsidered, 85 Notre Dame