Multistate Bar Examination Practice Question

A state government enacts a law requiring all out-of-state wineries to obtain a special license before selling their products within the state. An out-of-state winery challenges this requirement, arguing that it restricts interstate commerce. How should the court evaluate this challenge under the Commerce Clause?

  • The law is permissible as it applies equally to both in-state and out-of-state wineries.

  • The law imposes an undue burden on trade between states without a legitimate justification.

  • The law is upheld because it addresses a legitimate public health concern related to wine production.

  • The law is constitutional because states have the authority to regulate businesses within their borders to protect local industries.

Multistate Bar Examination
Constitutional Law
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