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by ceejayoz 1935 days ago
Alternatively, could they close stores/facilities in Utah, and still sell to Utahans online? Commerce clause seems like it'd protect that.
2 comments

Eh, it's a tossup. Commerce clause protections for interstate trade only go so far, some attempts by states to regulate what can be sold or how have passed court tests, others have not. It hinges on whether the regulation would be discriminatory or overly burdensome.

To get such a law struck down, phone sellers would have to prove to the court that setting up Utah-specific phones would be excessively difficult.

I don't think it would be struck down with the commerce clause, but it would be close.

It'd be at arms length for the manufacturers. Someone with a web store would be the one selling non-compliant phones to Utah residents.

When Utah shut them down, someone else would start a web store selling non-compliant phones to Utah residents.

I don’t think commerce clause protects that, otherwise CA’s laws wouldn’t have so much sway in the market.