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Question
Assume for purposes of this question that the federal government has adopted the Organic Foods Act to regulate the production and distribution of organic goods. While this act is controversial in many aspects, one section in particular has received national attention. According to Section 193, "Congress, in conjunction with the FDA and the Department of Agriculture, will set standards for all organic foods served in the nation's elementary, middle, and secondary schools." The states, however, in conjunction with local school boards, are directed "to certify that any agricultural commodity, regardless of its point of origin, meets two requirements. First, the producer or distributor must submit documentation of the methods used to produce it. Second, samples of the commodity must pass certain tests for the presence of chemicals, synthetic hormones, genetic alterations, and other nonorganic substances." The states and school districts are directed to provide testing services, which are often quite expensive.Minnesota School District No. 720 challenges the law, arguing that it is up to the states and local school districts to regulate the food served in their own states. The district files suit, alleging that the regulations violate the "dormant" Commerce Clause. As a justice on the Supreme Court, how would you rule in this case?
Answer
*A. Varies
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