Does the Twenty-First Amendment Displace Pike Balancing? - Harvard Law Review

Does the Twenty-First Amendment Displace Pike Balancing? - Harvard Law Review

Absent alcohol, dormant commerce clause doctrine is mostly familiar. Courts use strict scrutiny when state laws discriminate — facially, in purpose, or in effect — against out-of-state economic interests. These laws are invalid unless the state proves that they advance a legitimate local interest that reasonable, nondiscriminatory alternatives could not adequately serve. Courts use a looser test called Pike balancing for nondiscriminatory regula…