The Times reports:
Massachusetts and Rhode Island use electronic toll systems to charge their residents less than out-of-staters at some bridges and tunnels. Now two new lawsuits filed in federal courts say the practice is unconstitutional.I would think that clearly violates the Dormant Commerce Clause. Massachusetts and Rhode Island are treating out-of-staters differently than in-staters, merely because of their out-of-state character. Thus, these laws are facially discriminatory and subject to virtually per se invalidity.
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