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Constitutional Law Keyed to Choper
Hughes v. Oklahoma
Citation:
441 U.S. 322 (1979)Facts
William Hughes operated a commercial minnow business near Wichita Falls, Texas, under a Texas license. He was arrested by an Oklahoma game ranger for violating Oklahoma statute § 4-115(B) when he transported naturally seined minnows from Oklahoma to Texas for sale. The Oklahoma law prohibited the transportation of natural minnows out of state for commercial purposes but allowed unrestricted sale of such minnows within Oklahoma and permitted the export of hatchery-bred minnows. Oklahoma placed no limits on how many natural minnows could be taken by licensed dealers or how they could be used within the state. Hughes challenged the constitutionality of the statute under the Commerce Clause, but was convicted and fined. The Oklahoma Court of Criminal Appeals affirmed, relying on the state ownership doctrine from Geer v. Connecticut to uphold the state’s authority to regulate wildlife within its borders.
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