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Portland, Oregon enacts the Happy Hens Ordinance in 2017. The law makes it a misdemeanor to sell certain eggs within city limits. Prohibited eggs are

Portland, Oregon enacts the Happy Hens Ordinance in 2017. The law makes it a misdemeanor to sell certain eggs within city limits. Prohibited eggs are those laid by hen confined in an enclosure that fails to follow certain animal care standards. In particular, each hen producing an egg sold in Portland must have 116 square inches of floor space. The Portland City Council did not have full information when it enacted the Happy Hens Ordinance. It did not know that about 70% of eggs from Oregon hens meet the law's standard whereas only 40% of hens from other states meet this standard.

One producer who has been selling in Portland supermarkets is Colin's Shell Eggs, Inc. This corporation has its operation near Boise, Idaho. Its hens have only 90 inches of floor space, which exceeds any requirement set by Idaho. Expanding the hen cages to meet the Portland standard would be expensive. As a result, Colin's no longer sells in Portland. Colin's has advised Portland City Council members of the disproportionate effect the Happy Hens law has on out-of-state poultry operations. Portland has refused, however, to repeal its ordinance. Indeed, several city council members told Colins that 90 inches has always been too small. "If the hens don't have more room, they get stressed, which leads to disease and poor-tasting eggs." Which of the following is most accurate?

a) Colin's has a strong case under the privileges and immunities clause of Article IV because, even if Portland was ignorant when it originally enacted Happy Hens, it now has notice of the discriminatory effect Happy Hens has on out-of-state operations

b) Colin's lacks standing to sue regarding the ordinance because it has not, in fact, spent any money to comply with the ordinance.

c) Colin's could bring a case challenging the ordinance under the dormant commerce clause. If it it does so, it will do better if it can make at least one of two showings: (1) Colin's can show that Happy Hens has an effect on interstate commerce that is more than incidental or (2) that the burden Happy Hens imposes on interstate commerce is excessive in relation to the local benefits it creates

d) Colin's has a strong case under the dormant commerce clause against the Portland ordinance. Different requirements for cage size make it difficult for producers to comply with the laws of both Idaho and Portland

e) Colin has no case under the dormant commerce clause. The main purpose of that doctrine is to protect Congressional ability to regulate interstate commerce. The problem here contains no evidence that Congress wants to regulate hen cage sizes. Moreover, cage sizes for egg-laying hens relate (by definition) to poultry who are at rest. It does not relate to poultry traveling in interstate commerce. Congress could thus not regulate the matter anyway.

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