Tuesday, September 05, 2006

Got Milk?

Hattip to Decision of the Day:

Cloverland Green-Spring Dairies v. Pennsylvania Milk Mktg Bd, 05-2336 (3rd Cir., Sept. 1, 2006)

This lengthy Third Circuit opinion offers a detailed explanation of the "byzantine" rules governing milk pricing at the federal and state levels. In the end, the Court upholds Pennsylvania’s price controls against constitutional challenge by an out-of-state milk supplier who argued that the regulations effectively prevent it from entering the Pennsylvania market. Although the Court expresses reservations about whether Pennsylvania’s mandatory pricing scheme is necessary, it concludes that the plaintiff has not presented sufficient evidence to show that the scheme violates the Commerce Clause.

Okay, maybe I'm just really confused, but why is it that milk companies, of all things, seem so often to be involved in these sort of Commerce Clause decisions? You know what I mean. It's always milk...

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