From the daily archives:

Tuesday, January 5, 2010

Jan
5

A baker started a small pastry shop at his home in a small rural town in a southern state. His business has expanded so rapidly that he is planning to expand into a northern state. The baker purchased a fleet of trucks in order to facilitate the expansion plan. His pastries are shipped in refrigerated trucks to ensure their freshness. The laws of the northern state prohibit refrigerated vehicles of the type the baker purchased, because they must stop frequently to check the temperature maintenance equipment. Other types of trucks are equipped with special monitoring devices that eliminate the need for frequent stops. The roads of the northern state are extremely narrow and have few spots that are wide enough for such trucks to stop without danger to other motorists.

If the baker brings an action in the federal district court of the northern state to determine the validity of the northern state laws in reference to refrigerated trucks, may the court properly hear the action?

A.  Yes, because the effect on interstate commerce is a federal question.

B.  Yes, because the baker is planning to expand into the northern state and he has purchased a fleet of trucks in reliance on the move.

C.  No, because the baker lacks standing since he has suffered no injury.

D.  No, because the law has no impact on civil liberties.

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