Crucial Exams

Multistate Bar Examination Practice Question

The state of Verde, famous for its apple orchards, enacts a law requiring all apples sold within the state to be packaged in a new type of expensive, biodegradable container. The stated purpose of the law is to promote environmental sustainability. The only manufacturer of these approved containers is a company located in Verde. An out-of-state apple cooperative, which sells a significant volume of apples in Verde, challenges the law, arguing that the cost of complying with the new packaging requirement is prohibitive and will force them to abandon the Verde market.

Is the state law likely constitutional?

  • Yes, because the law promotes a legitimate local interest in environmental protection, which is within the state's police powers.

  • Yes, because the law applies equally to all apple sellers and is rationally related to a legitimate health and safety interest.

  • No, because the law explicitly discriminates against out-of-state economic interests.

  • No, because while the law is facially neutral, the burden it imposes on interstate commerce likely outweighs the local benefits.

Multistate Bar Examination
Constitutional Law
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