Bar Exam — MBE (Multistate Bar Exam)Constitutional LawMedium
A state legislature, concerned about public health, enacts a law prohibiting the sale of unpasteurized milk within its borders. The law applies equally to milk produced within the state and milk imported from other states. A dairy farmer from a neighboring state, whose business relies heavily on selling unpasteurized milk, challenges the law, arguing it violates the Commerce Clause. Which of the following best describes how a court would likely analyze this challenge?
- AThe law is likely valid if it serves a legitimate local purpose and its effects on interstate commerce are not clearly excessive in relation to the putative local benefits.
- BThe law is invalid because it discriminates against out-of-state producers by effectively banning their product, even if it applies facially to in-state producers.
- CThe law is invalid because only Congress has the power to regulate the sale of food products across state lines, preempting state action.
- DThe law is valid because the state has a legitimate interest in protecting public health, and the burden on interstate commerce is minimal.
Show answer & explanationAnswer & explanation
Correct answer: A. The law is likely valid if it serves a legitimate local purpose and its effects on interstate commerce are not clearly excessive in relation to the putative local benefits.
This question tests the Dormant Commerce Clause, specifically when a state law is non-discriminatory. When a state law is non-discriminatory, it is generally valid unless the burden it imposes on interstate commerce is clearly excessive in relation to the local benefits it achieves.
Why the other options are wrong
- B. This law is facially neutral and applies equally to in-state and out-of-state producers, so it is not discriminatory on its face. Discrimination would trigger a stricter standard of review.
- C. States generally retain police powers to regulate health and safety, even if it impacts interstate commerce, as long as it doesn't violate the Dormant Commerce Clause or is preempted by federal law. There's no indication of federal preemption here.
- D. This option is too simplistic; the 'minimal' burden standard is not the correct test for non-discriminatory laws. The Pike balancing test is more nuanced.
Dormant Commerce Clause (Non-Discriminatory)
The Dormant Commerce Clause prohibits states from enacting laws that unduly burden or discriminate against interstate commerce, even in the absence of federal legislation.
- Applies when Congress has not acted (dormant).
- Non-discriminatory laws are subject to the Pike balancing test.
- Discriminatory laws are subject to strict scrutiny.
Memory trick: Don't Cause Commerce Chaos with Crazy Laws.