Questions 28 and 29 are based on the following facts: The St…

Questions 28 and 29 are based on the following facts: The State of Organa has enacted an Organic Food Labeling Act, which provides that produce sold as “organic” within the state must be certified as such before it can be offered for sale. The statute further provides that such certification requires the approval of an Organa state inspector, who must have the ability to inspect all aspects of cultivation and packaging. The authority of the state inspector only extends to the borders of Organa, and not to any other state. As a result, the state inspector is precluded from inspecting farms and plants outside of the state, and Organa has effectively banned the sale of produce originating out of state. A farmer in the neighboring state of Astoria grows grapes that are used in the making of organic wine. This has required the farmer to have had soil studies of his farm performed, to refrain from the use of artificial chemicals in growing the grapes, and to provide special training to those working the farm operation. Despite these measures, the farmer has been unable to sell his grapes as organic to a vintner in the state of Organa who produces organic wines.  28: If the Organa “Organic Food Labeling Act” certification procedure is attacked in federal court by the grape farmer as unconstitutional, how will the court most likely rule?

12. State X enacted a law which required all police officers…

12. State X enacted a law which required all police officers to retire at the age of 60.  Pat was a police officer in the state and just turned 60.  However, Pat did not want to retire – in fact, Pat’s last physical put him in the top 1% of all officers in the department.  Pat filed a lawsuit against the police department on the grounds the law was unconstitutional under the Equal Protection Clause.  The police department moved to dismiss the lawsuit.  How should the court rule on the police department’s motion?

7. Paul Prisoner is an inmate at the Folsom State prison.  H…

7. Paul Prisoner is an inmate at the Folsom State prison.  His fiancée’s visitation rights were suspended on the basis that Paul and his fiancée were getting too close and Paul’s term in prison was not due to end for another 15 years.  Paul Prisoner submitted an application to the Folsom State prison warden to marry his fiancée.  The warden denied the application.  Paul Prisoner brought a lawsuit against the State on grounds that the denial of his application to marry was unconstitutional.  State filed a motion to dismiss.  How should the court rule on the State’s motion?

Questions 28 and 29 are based on the following facts:  The S…

Questions 28 and 29 are based on the following facts:  The State of Organa has enacted an Organic Food Labeling Act, which provides that produce sold as “organic” within the state must be certified as such before it can be offered for sale. The statute further provides that such certification requires the approval of an Organa state inspector, who must have the ability to inspect all aspects of cultivation and packaging. The authority of the state inspector only extends to the borders of Organa, and not to any other state. As a result, the state inspector is precluded from inspecting farms and plants outside of the state, and Organa has effectively banned the sale of produce originating out of state. A farmer in the neighboring state of Astoria grows grapes that are used in the making of organic wine. This has required the farmer to have had soil studies of his farm performed, to refrain from the use of artificial chemicals in growing the grapes, and to provide special training to those working the farm operation. Despite these measures, the farmer has been unable to sell his grapes as organic to a vintner in the state of Organa who produces organic wines.  29. Which of the following would furnish the State of Organa with the strongest argument for upholding the constitutionality of the “Organic Food Labeling Act”?