Colon Health Ctrs. v. Hazel, No. 14-2283 (4th Cir. 2016)
Annotate this CasePlaintiffs filed suit arguing that Virginia's certificate of need (CON) law, a program that governs the establishment and expansion of certain medical facilities inside the state, unconstitutionally violates the dormant aspect of the Commerce Clause. The district court granted summary judgment to the Commonwealth. The court rejected plaintiffs' argument that Virginia’s CON requirement violates the dormant Commerce Clause by discriminating against interstate commerce in both purpose and effect, and rejected plaintiffs' argument that even if the program does not unconstitutionally discriminate, it nevertheless violates the dormant Commerce Clause because it places an undue burden on interstate commerce. Because the certificate requirement neither discriminated against nor placed an undue burden on interstate commerce, the court affirmed the judgment of the district court.
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