Page:NPPC v. Ross.pdf/43

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Cite as: 598 U. S. ____ (2023)
3

Opinion of Roberts, C. J.

showing that those burdens clearly outweigh the benefits of a state or local practice.” Department of Revenue of Ky. v. Davis, 553 U. S. 328, 353 (2008); see also United Haulers Assn., Inc. v. Oneida-Herkimer Solid Waste Management Authority, 550 U. S. 330, 346 (2007) (plurality opinion) (Pike applies to “a nondiscriminatory statute like this one”). Nor have our cases applied Pike only where a State regulates the instrumentalities of transportation. Pike itself addressed an Arizona law regulating cantaloupe packaging. See 397 U. S., at 138. And we have since applied Pike to invalidate nondiscriminatory state laws that do not concern transportation. Edgar v. MITE Corp., 457 U. S. 624, 643–646 (1982). As a majority of the Court agrees, Pike extends beyond laws either concerning discrimination or governing interstate transportation. See ante, at 2 (opinion of Sotomayor, J.); post, at 1–2 (Kavanaugh, J., concurring in part and dissenting in part).

Speaking for three Members of the Court, Justice Gorsuch objects that balancing competing interests under Pike is simply an impossible judicial task. See ante, at 18–21. I certainly appreciate the concern, see United Haulers, 550 U. S., at 343, 347, but sometimes there is no avoiding the need to weigh seemingly incommensurable values. See, e.g., Schneider v. State (Town of Irvington), 308 U. S. 147, 162 (1939) (weighing “the purpose to keep the streets clean and of good appearance” against the “the constitutional protection of the freedom of speech and press”); Winston v. Lee, 470 U. S. 753, 760 (1985) (“The reasonableness” under the Fourth Amendment “of surgical intrusions beneath the skin depends on a case-by-case approach, in which the individual’s interests in privacy and security are weighed against society’s interests in conducting the procedure.”); Addington v. Texas, 441 U. S. 418, 425 (1979) (“In considering what standard should govern in a civil commitment proceeding, we must assess both the extent of the individual’s interest in not being involuntarily confined indefinitely and the