5-16
Scrap metal is a big business in Tennessee, and most of the scrap metal is shipped out of state. Tennessee was concerned that much of the metal being sold to dealers in the state was stolen, so the legislature passed a law designed to give law enforcement a better opportunity to determine whether metal on dealers’ lots was stolen. The new law included, among other provisions, requirements for screening of metal sellers, recordkeeping requirements, and a 10-day waiting period between when purchased metal could be resold by a dealer. The Scrap Recyclers Association sued the state, arguing that the law violated the Commerce Clause and also the Fifth Amendment. The district court upheld the law and the Recyclers appealed. What do you think the outcome of this case was and why? Tennessee Scrap Recyclers Association v. Bredesen, 556 F.3d 442 (6th Cir. 2009).
5-17
Aurora, Colorado, passed an ordinance banning pit bulls and other selected breeds of dogs from being inside the city limits. The American Canine Foundation, an organization aimed at improving the canine industry, sued to have the ordinance struck down as unconstitutional. The Foundation argued that the ordinance infringed on their constitutional rights, in violation of the Fifth and Fourteenth Amendments. Specifically, they argued the law resulted in an uncompensated taking and violated the Due Process and Equal Protection Clauses. Explain why the ordinance is or is not constitutional. American Canine Foundation v. City of Aurora, Colorado, 618 F.Supp.2d 1271; 2009 WL 1370893 (D. Colo. 2009).
19-13
The Public Citizen Health Research Group brought the OSHA to court when the group argued that chromium regulations established by the OSHA were too hard for some companies to maintain. First, chromium is a metal and can be most dangerous in its Cr(VI) form. In many types of work, there is exposure to this