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 nation’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.
o What court will have jurisdiction over Tanya’s suit? Why?
o Is the Confusion statute constitutional? Discuss your legal reasoning.
o What provisions of the U.S. Constitution will be applied by a court to determine the statute’s validity?
o Is Tanya likely to prevail on her suit? Explain the reasons for your answer.