Fourth Circuit: Colon Health Centers v. Bill Hazel

Commerce clause

State medical facility licensing statute does not facially violate dormant commerce clause, as there is no demonstrable statistical proof of discrimination in favor of in-state providers.

State of incorporation is a valid, testable criterion.

Bias in favor of incumbent businesses is not a proxy for discrimination against out of state businesses.

Sufficient policy benefits to justify policy in a balancing test against de facto dormant commerce clause challenge.

http://www.ca4.uscourts.gov/Opinions/Published/142283.P.pdf