Question
Great State(suppose another new state) is known for its unique laws and protection of rare species. During the past several years, organizations affiliated with Frogs
Great State(suppose another new state) is known for its unique laws and protection of rare species. During the past several years, organizations affiliated with Frogs Remain Our Greatest Species (FROGS) have petitioned the legislature to protect endangered frogs, especially the mountain yellow-legged frog. Feral cats (domestic cats which have been released into the wild) have decimated the number of these frogs, so the group FROGS has proposed legislation. In
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2020, the Great State legislature, responding to the group FROGS, adopted the Frog and Toad Protection Act which focuses on the threats posed by feral cats. The legislation provides that:
It is a crime to transport into the state any cat that has not been spayed or neutered. The crime is punishable by a fine of up to $5,000 and by a jail term of up to 1 year.
Any unaccompanied cat, whether spayed or neutered or not, that is found outside without a person 16 or older in attendance will be seized and euthanized.
Two organizations, Clearly All Tabbies Shine (CATS) and Dog Owners Get Satisfied (DOGS) want to challenge the law. They are concerned about their property and due process rights (animals are considered property). Donetta, who is a member of both organizations, owned a cat that was seized and she asked the organization to help her sue for an injunction to stop her cat from being euthanized. The group DOGS is concerned that if this legislation is upheld, it's a slippery slope in that dogs could be next animals to face such restrictions. Explain the organization's property rights, due process and equal protection arguments and explain whether the legislature or the organizations are likely to win each of those arguments.
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