Supreme Court of the United States · Official docket →
Minerva Dairy, Inc., et al. v. Brad Pfaff, in His Official Capacity as Secretary-designee of the Wisconsin Department of Agriculture, et al.
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 18-1520 · judgment October 3, 2018
Before the decision, about 1.6× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a business petitioner.
Questions presented
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Under Pike v. Bruce Church, Inc., 397 U.S. 137 (1970), the Dormant Commerce Clause is violated whenever the burden imposed on interstate commerce “is clearly excessive in relation to the putative local benefits.” Id. at 142. To state a claim under Pike, must a plaintiff allege that the challenged law discriminates (or has a disparate impact on) out-ofstate commerce, as the Second, Third, Fifth, and Seventh Circuits have held, or instead is it sufficient for a plaintiff to allege that the law’s burdens on interstate commerce plainly outweigh the putative local benefits, as the Fourth, Sixth, Eighth, Tenth, and Eleventh Circuits have held?
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Under the rational basis test, may the state impose “quality” standards on a commodity when the only measure of quality is the extent to which government inspectors consider particular examples of the commodity to be subjectively pleasing?
Counsel of record
For petitioner
Joshua Paul Thompson
Pacific Legal Foundation
For respondent
Gabe Johnson-Karp
Wisconsin Department of Justice
Proceedings
- Jun 24 2019Petition DENIED.
- Jun 04 2019DISTRIBUTED for Conference of 6/20/2019.
- May 30 2019Reply of petitioners Minerva Dairy, Inc., et al. filed.
- May 20 2019Brief of respondents Brad Pfaff, et al. in opposition filed.
- Apr 04 2019Brief amicus curiae of Competitive Enterprise Institute filed.
- Apr 04 2019Brief amicus curiae of Cato Institute filed.
- Apr 02 2019Brief amici curiae of Southeastern Legal Foundation, et al. filed.
- Mar 21 2019Motion to extend the time to file a response is granted and the time is extended to and including May 20, 2019.
- Mar 19 2019Motion to extend the time to file a response from April 4, 2019 to May 20, 2019, submitted to The Clerk.
- Mar 01 2019Petition for a writ of certiorari filed. (Response due April 4, 2019)
- Dec 21 2018Application (18A665) granted by Justice Kavanaugh extending the time to file until March 2, 2019.
- Dec 19 2018Application (18A665) to extend the time to file a petition for a writ of certiorari from January 1, 2019 to March 2, 2019, submitted to Justice Kavanaugh.