Constitutional Law Keyed to Chemerinsky
Hunt, Governor of the State of North Carolina v. Washington State Apple Advertising Commission
The Defendant, North Carolina (Defendant), enacted a statute requiring all closed apple containers to bear “no grade other than an applicable U.S. grade,” which is set by the United States Department of Agriculture (USDA). The State of Washington (a huge apple-producing state) had a different grading system, which was superior to the quality set by the USDA. The Plaintiff challenged the statutes’ constitutionality contending it burdened interstate commerce by altering Washington apples when they got to North Carolina. North Carolina defended their statute asserting they were trying to prevent apple fraud. A district court agreed with the Plaintiff.
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