State biologists in Maine have learned that parasites have b…
State biologists in Maine have learned that parasites have been diminishing fish stocks in other states. To preserve its native fish population, which has so far avoided contamination, the legislature passes a law banning the importation of baitfish into the state from other states. Biologists testify that the ban is the only way to ensure that the parasites won’t infect native fish stocks because there is no efficient way to test incoming baitfish for the parasite. Out-of-state baitfish suppliers sue, claiming the Maine law violates the Dormant Commerce Clause Doctrine (DCCD). A reviewing court should: