Dormant Commerce Clause challenge to Wisconsin butter grading law

QUESTIONS PRESENTED 1. Under Pike v. Bruce Church, Inc., 397 U.S. 137 (1970), the Dormant Commerce Clause is violated whenever the burden imposed on interstate commerce “4s 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? 2. 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? ii LIST OF ALL