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:

A Delaware corporation with its business headquarters in Illinois conducts bar preparation courses for law school graduates. In addition to its national headquarters, the corporation rents local administrative headquarters in at least one city in each state. Its instructors are law school professors and other lawyers who are paid an hourly, or occasionally biannual, fee, but each instructor is considered an independent contractor and prepares his or her own lecture outlines and respective study outlines that are provided to students. Some instructors lecture only in one or more cities in the same state, while other instructors lecture in cities throughout the United States. A professor who is a resident of the state of Virginia gives lectures on Constitutional Law in more than 20 states, including California. The printer that publishes all of the bar preparation company’s instructional materials is located in New York and ships the materials by commercial carriers to the respective state offices of the bar preparation company. The printer does not solicit business and does not have officers or agents outside of New York. Which of the following taxes is most likely valid?

The North Carolina Department of Agriculture issued a regulation banning the use of state grades on closed containers of apples sold in the state. The regulation specified that the only grade that could be used was the grade approved by the United States Department of Agriculture. Apple growers in Washington objected to this regulation, noting that they had spent a considerable amount of money developing a grading system acknowledged by those in the industry as being superior to the federal grading system. North Carolina, which also produces apples for sale, has no state grading system. In their lawsuit, the Washington apple growers allege the regulation was motivated by a discriminatory purpose. Which of the following would not be helpful in demonstrating discriminatory purpose?

Terrorists in a foreign country kidnapped a U.S. ambassador to that country. The terrorists threatened to kill her, unless the President secured the release of an identified person held in a state prison pursuant to a valid conviction by that state.The President responded by entering into an agreement with the foreign country which provided for the release of the U.S. ambassador on a specified date in return for the release of the identified person held in the state prison. The President then ordered the governor of the state to release the prisoner in question. The governor refused. No federal statutes are applicable.Which of the following is the strongest constitutional argument for the authority of the President to take action in these circumstances and require the governor to release the prisoner?

To stabilize state corn prices, a state purchased large quantities of corn from resident farmers and converted the corn into biodegradable plastics. The state then sold the plastics to state residents at cost and to out-of-state residents at cost plus 25%. An out-of-state corporation purchased biodegradable plastics from the state at a cost substantially below the price other companies charge. Nevertheless, the corporation believes that it is unconstitutional for the state to charge out-of-state purchasers more than resident purchasers. The out-of-state corporation, therefore, brings suit in federal court challenging the state pricing scheme. Assuming that the court has jurisdiction, should it uphold the constitutionality of the pricing scheme?

A toy makers’ union, angry about poor working conditions and low wages, staged a nationwide strike just weeks before the holiday season. Larger toy sellers immediately hired independent toy makers to fulfill the traditionally increased demand for toys during the holidays. Enraged, striking toy makers committed acts of violence against independent toy makers and attempted to destroy shipments of independently made toys as they were being loaded off trucks at toy sellers’ receiving docks. In response to the increasing violence, Congress met in emergency session and enacted a measure directing the President to send military troops to the affected areas to preserve order and to ensure the continued flow of commerce. Is this enactment constitutional?

A contractor employed by the state was owed $10,000 in back wages by a real estate developer for remodeling work he had completed six months earlier. Pursuant to a state law regulating delinquent payment of wages, the contractor filed an action in state court to resolve the claim within 21 days.In response, the real estate developer filed a voluntary bankruptcy petition in federal bankruptcy court and sought a stay of further proceedings on the unpaid claim. Federal law provided for an automatic stay in both federal and state courts for persons filing federal bankruptcy claims.If the contractor opposes imposition of the stay as applied to his state court claim, what is the proper resolution of the issue?

Scientific studies indicate that emissions from gasoline combustion engines contribute to a reduction in the health and growth rate of trees. To protect trees in the national forests, the Environmental Protection Agency (“EPA”), a federal agency, enacted stringent new fuel emission standards that apply to motor vehicles operating inside or within a 10-mile radius of all federal parks. The EPA regulations expressly preempt any conflicting state or local regulations, unless the state or local regulations require an even greater reduction in automobile emissions.A shuttle service operator transports tourists from hotels to the front entrance of a federal park. If the EPA regulation applies to her shuttle service, the operator will have to spend several thousand dollars for each shuttle to modify the engine exhaust system. The operator brings suit to challenge the validity of the federal regulation as applied to her.How will the court likely rule on the shuttle operator’s challenge?

As part of his official duties, a chief of a state’s department of employment services is expected to set forth guidelines for the payment of unemployment benefits to the state’s unemployed citizens. Because of a recession and high unemployment, the state receives money from the federal government to extend the benefit period for those citizens who have exhausted their usual employment insurance benefits. The chief, however, decided that there are sufficient employment opportunities and terminated the benefits of those persons who were receiving payments from the federal funds. The citizens of the state affected by this administrative decision brought suit in federal district court against the chief for reimbursement of unpaid benefits and declaratory relief prohibiting the chief from withholding funds in the future. After a trial on the merits, the federal district court ordered that the citizens be reimbursed their lost unemployment benefits and that the chief disburse the emergency funds in the future in accordance with federal law and guidelines. The chief appealed to the federal circuit court which upheld the lower court’s decision.How is the Supreme Court likely to rule on the appeal?

A newly enacted federal law requires states to adopt a law banning texting while driving on interstate highways. Under the law, any state that does not enact such a law within three years will be denied 10% of the state’s allotment of federal highway construction funding. What is the best argument that can be made in support of the constitutionality of this federal statute?