When California passes a law that bans the possession, distribution or sale of Shark fins in the State, a Chinese-American Neighborhood Association sues, claiming that they are being discriminated against by the law. There is a claim of Equal Protection, a claim under the Commerce Clause, and a claim that the United States already has laws dealing with Shark fins, and that those laws should take precedence over California’s law.
Is there any merit to the claims? Is it racist to outlaw Shark fins? Does the law interfere with Interstate Commerce? Most of all, does the Federal law take supremacy over the States law banning shark fins?
Posted on August 2, 2015, in Constitution, Dave, Jeff, Patrick, Podcast and tagged Article VI, California, Chinese-American Neighborhood Association, Commerce Clause, Constitution, Constitution Thursday, LPOV, Shark Fins, Supremacy Clause, The Saturday Podcast. Bookmark the permalink. Leave a comment.