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).