… a service based on its origin or destination, out of state or outside the United States. Typically you're going to face a pretty tough battle if it facially discriminates. But You might also face another battle and there might be a judicial remedy even in the absence of facial discrimination if you can show that the putative non discriminatory benefits are substantially outweighed by a detrimental effect on the ability to deliver that service from across state lines. Now, that judicial remedy tends to be pretty hard to come by. But I think what you're suggesting is that federal legislation building on those could change some of that difficulty in a way that is compatible with federalism. (07:38–08:00)
CLAIM
Asserts that judicial remedies may exist without facial discrimination if detrimental effects on interstate service delivery are shown.
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