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Constitutional Law Keyed to Chemerinsky
Maine v. Taylor and United States
Facts
A law in Maine, enacted to protect the State’s fisheries from parasites and non-native species, prohibited the importation of live baitfish. The Defendant operated a bait business in Maine and imported live bait called “golden shiners” against federal law. The federal law made it a crime to import, receive or purchase in interstate commerce any fish possessed in violation of State law. The Defendant moved to dismiss the indictment on the ground that Maine’s statute was an unconstitutional burden on interstate commerce. The District Court dismissed the Defendant’s motion and the Court of Appeals reversed. Maine intervened to defend the validity of its statute.
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