Problem
The Break Free from Plastic Pollution Act was introduced in Congress on March 25, 2021. If this bill was enacted, it would make a $.10 deposit on all glass, metal, and plastic beverage containers. Consumers would pay the deposit at the time of purchase and then could claim a refund of it by returning the containers to the retail store or other redemption centers. Unclaimed deposits would be kept by the producers and/or distributors.
At the present time, 10 states have a law that creates a deposit on beverage containers. The amount of the deposit created by those state laws ranges from $.05 to $.15. States vary on how the unclaimed proceeds are allocated.
Assume that the bill becomes law. It is challenged by the American Beverage Association. The American Beverage Association is a trade association that represents America's non-alcoholic beverage industry. It represents hundreds of beverage producers, distributors, franchise companies and support industries. In this case, it argues that any attempt to apply the Break Free from Plastic Pollution Act to its members will exceed Congress' constitutional power because each of its members is a locally owned establishment.
Based on the information given here, how would you predict that a court would resolve the American Beverage Association's challenge to this law? Explain the basis for your prediction, and identify 3 questions that you would ask about the operations of its members to illicit facts that would be relevant to the resolution of this challenge.