The United States Surgeon General was cited for contempt for refusing to answer questions as part of a Senate investigation regarding an issue in the Food and Drug Administration. His contempt citation will be dismissed if he can show which of the following?

State biologists in Maine have learned that parasites have been diminishing fish stocks in other states. To preserve its native fish population, which has so far avoided contamination, the legislature passes a law banning the importation of baitfish into the state from other states. Biologists testify that the ban is the only way to ensure that the parasites won’t infect native fish stocks because there is no efficient way to test incoming baitfish for the parasite. Out-of-state baitfish suppliers sue, claiming the Maine law violates the Dormant Commerce Clause Doctrine (DCCD). A reviewing court should:

To stabilize state corn prices, a state purchased large quantities of corn from resident farmers and converted the corn into biodegradable plastics. The state then sold the plastics to state residents at cost and to out-of-state residents at cost plus 25%. An out-of-state corporation purchased biodegradable plastics from the state at a cost substantially below the price other companies charge. Nevertheless, the corporation believes that it is unconstitutional for the state to charge out-of-state purchasers more than resident purchasers. The out-of-state corporation, therefore, brings suit in federal court challenging the state pricing scheme. Assuming that the court has jurisdiction, should it uphold the constitutionality of the pricing scheme?

Concerned about the health risks associated with smoking, and the attendant costs to the state providing care to smokers, Connecticut has taken the extraordinary step of prohibiting the sale of all tobacco products in the state. Connecticut has a tiny cigar industry but otherwise produces no tobacco products. Out-of-state tobacco companies sue, claiming the law violates the Dormant Commerce Clause Doctrine (DCCD). They note that, as a result of the law, they potentially stand to lose “millions” of dollars in revenue each year from tobacco sales. The state argues that it spends $1.2 million per year on “tobacco-caused” health care. Other costs include losses in productivity and absenteeism caused by smoking and smoking-related illnesses, which the state estimates at $1.5 million per year. What should a reviewing court do?

Title 18 of the U.S. Code, § 2115, reads: Whoever forcibly breaks into or attempts to break into any post office, or any building used in whole or in part as a post office, with intent to commit in such post office, or building or part thereof, so used, any larceny or other depredation, shall be fined under this title or imprisoned not more than five years, or both. Robin Weathers was arrested and convicted for violating § 2115 after he was caught inside the Monteagle, Tennessee, post office with fistfuls of mail and assorted packages. He has challenged the constitutionality of this statute, arguing that while Article I, § 8 gives to Congress the power to “establish Post Offices and post Roads,” nothing in Article I gives Congress the power to pass criminal laws. How should a court rule on his appeal?

The United States was involved in a dispute with a small island nation over the ownership of an archipelago. On discovering that the archipelago was rich in oil, the President announced that he would appoint an ambassador to negotiate a treaty with the island nation to jointly exploit the oil reserve. A majority of Senators believed that the island clearly belonged to the United States and did not want to negotiate with the island nation. They passed a resolution requiring the President to include a Senator in his diplomatic mission to ensure that the Senate’s view was presented in any negotiation with the island nation. What is the strongest constitutional ground for the President’s refusal to do so?

Concerned that the “advice” part of the Senate’s advice and consent power has atrophied, Congress passes a law requiring the President to notify the Senate of all vacancies requiring Senate confirmation and prohibiting the President from naming any person to one of those vacancies until the President, or the President’s representative, has consulted with the Senate majority leader and the Chair of the Senate committee with jurisdiction over the nominee’s department. When the President acts to fill a recent vacancy on the Supreme Court without the consultation required by the Act, Senators sue, seeking an injunction requiring presidential compliance. A reviewing court would probably do what?

Congress enacted a statute appropriating money to the states on condition that the states use the money to support “public performances of classical ballet open to the public.” The statute provided that the money was not to be used to support any other type of dance, and that tickets to any performance paid for with these funds were to be distributed to the public on a first come, first served basis. A state that accepted a grant of $500,000 under the federal statute gave half of the grant to a state-sponsored ballet company. The company had been started 20 years earlier as part of a state effort to bring culture to poor, inner-city areas. By state law enacted when the company was formed, no less than 35% of the tickets to each performance of the ballet company must be distributed to the inner-city school systems to be given to minority school children. Is the state’s method of distributing tickets to the state ballet company’s performances constitutional?

Your client was subpoenaed to appear before the House of Representatives Armed Services Committee and answer certain questions. When the client appears, he refuses to answer and is cited for contempt of Congress. Which of the following should you raise as the client’s best defense to the charge of contempt of Congress?

A contractor employed by the state was owed $10,000 in back wages by a real estate developer for remodeling work he had completed six months earlier. Pursuant to a state law regulating delinquent payment of wages, the contractor filed an action in state court to resolve the claim within 21 days.In response, the real estate developer filed a voluntary bankruptcy petition in federal bankruptcy court and sought a stay of further proceedings on the unpaid claim. Federal law provided for an automatic stay in both federal and state courts for persons filing federal bankruptcy claims.If the contractor opposes imposition of the stay as applied to his state court claim, what is the proper resolution of the issue?