Problem:
The state of Confusion enacted a statute requiring all trucks and towing trailers that use its highways to use a B-type truck hitch. This hitch is manufactured by only one manufacturer in Confusion. The result of this statute is that any trucker who wants to drive through Confusion must stop and have the new hitch installed, or drive around Confusion. The federal government has not made any attempt to regulate the truck hitches used on the nationâ??s highways. Tanya Trucker; who owns a trucking company in the state of Denial, is not happy about the additional expense this statute imposes on her business. She intends to file suit against Confusion to overturn the statute.
1) Explain why a Federal court will have jurisdiction over Tanya's suit? (It is not diversity jurisdiction).
2) Is the Confusion statute constitutional? Discuss your legal reasoning and cite at least two Supreme Court cases that support your reasoning.
3) If Tanya prevails on her suit; explain what the judge will do.
4) Set forth how this case could reach the Supreme Court on appeal; describing the lower courts who would hear the appeal before it gets to the Supreme Court.