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NATIONAL PORK PRODUCERS COUNCIL v. ROSS
Barrett, J., concurring in part
of our Pike precedents requires us to attempt such a feat.
That said, I disagree with my colleagues who would hold that petitioners have failed to allege a substantial burden on interstate commerce. Ante, at 21–25; ante, at 3 (Sotomayor, J., concurring in part). The complaint plausibly alleges that Proposition 12’s costs are pervasive, burdensome, and will be felt primarily (but not exclusively) outside California. See post, at 6–7 (Roberts, C. J., concurring in part and dissenting in part). For this reason, I do not join Part IV–C of Justice Gorsuch’s opinion. If the burdens and benefits were capable of judicial balancing, I would permit petitioners to proceed with their Pike claim.
