The War Between the States
Update: 2022-11-27
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How the Dormant Commerce Clause tries to stop states from passing laws that put an undue burden on interstate commerce and what that means for states that wish to forward specific ethical agendas. Plus, what's going on with student debt relief: who filed a lawsuit against it and why.
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I can see a legal solution here: all pork produced under lacking welfare standards must be labelled as "Unethical Pork" in order to be sold in California.
Part of what must be confounding about this case for conservatives is that is cuts against their core ethos of "might makes right", which often manifests as "one vote per dollar" vs. "one vote per person". Then again, they are masters of double-think: self-proclaimed victims of constraints on their oppression of others. In a way, this case is part of conservatives' long-running argument against the legitimacy of democracy (going back to Burke and the monarchists). That is, what makes California's law wrong in their view is that it relies on collective action, which they view as illegitimate.
Interesting discussion, but badly framed. Prof. Joh acts as if the court's (and the judicial branch's) mandate is to do what's best for the country. That is not the case. The mandate of the judicial branch is to interpret the laws, and, when the law is unclear, the 9th and 10th amendments require that deference be given to the states. This is a fundamental question about judicial philosophy, so it's frustrating that Prof. Joh seems to have fumbled it so badly.