Hypothetical Case: South Georgia Watermelon Federation v. Florida Department of Agriculture

Florida is proud of its watermelons, so proud that the state requires that melons sold commercially in Florida carry an official seal indicating that they were grown and distributed in the state in accordance with standards set by the Florida Commissioner of Agriculture. Watermelons from outside Florida must have a seal indicating where they were grown and they must also indicate that they do not necessarily meet the standards set for melons grown in the state. Florida defends this policy on the grounds that the state uses high agricultural standards, has strict control over pesticides and other chemicals that producers can use and these regulations protect the health and safety of its citizens.

These regulations were challenged by the South Georgia Watermelon Federation on the grounds that the Florida policies were designed to simply protect the Florida agricultural industry from competition outside the state. The Federation claims that, although Congress has not legislated on this issue, the Florida regulation nevertheless unconstitutionally impedes interstate commerce, thus conflicting with the dormant national commerce power. Florida counters these claims arguing that its agricultural industry has suffered enormously from various pests and diseases in recent years, pointing to its decimated orange and citrus industry as one notable example, and that the restrictions on watermelons from outside the state represents a reasonable and legitimate policy designed to protect its farmers.

The federal district court and court of appeals upheld the Florida regulations. The Federation has appealed to the United States Supreme Court.

If you were a justice on the Supreme Court how would you decide this case? Your first paragraph should be a brief summary of what the dormant commerce power means. Then discuss specific and more recent Supreme Court precedents that provide the structure and principles for how you think the case should be decided. Use the reading assignment in the Epstein and Walker book and the materials posted about this week's assignment to structure your ideas. Your comments should be detailed and should fully explain how you think the case should be decided.

It's common practice in the United States Supreme Court for the justice who has been assigned the task of writing an opinion of the court announcing and explaining the court's decision to circulate a draft opinion for the other justices to read and comment upon. Think of the initial posts by other students on this discussion forum as their draft opinions and use the discussion board to comment on their approach to this appeal. Do you agree with how they decided the case? Explain why or why not. If you don't agree, are there any changes that you would suggest in order to secure your agreement and vote?

You should reply to and comment upon the approach taken by at least two other students.