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Constitutional Law Keyed to Chemerinsky
South-Central Timber Development, Inc v. Commissioner, Department of Natural Resources of Alaska
Facts
As a condition of Alaskan timber purchasing, the buyer had to get it processed in the State. The purpose of the requirement was to protect Alaska timber processors, develop new industries and make a larger profit on their timber resources. The Plaintiff, South-Central Timber Development, Inc (Plaintiff) filed suit seeking an injunction to prevent this requirement as it violated the United State Constitution’s (Constitution) Commerce Clause. Alaska claimed it was a “market participant” and therefore precluded from the strict scrutiny test. The court of appeals determined that Congress had authorized Alaska’s processing requirement.
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