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in a unanimous opinion, the justices vacated a 9th Circuit ruling that held that a 1996 federal statute immunized California’s milk pricing and pooling laws from commerce clause challenges. Hillside Dairy Inc. v. Lyons, No. 01-950. The court held that California’s milk pricing and pooling regulations are not exempted from commerce clause scrutiny by the Federal Agriculture and Reform Act of 1996. The justices argued that the absence of a clear statement in the California laws and regulations identifying out-of-state residency or citizenship as a basis for disparate treatment wasn’t a sufficient basis for rejecting the out-of-state dairy farmers’ privileges and immunities clause claims. Stevens wrote the court’s opinion.

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