A statute in the State of Utopia makes it unlawful to sell soft drink beverages

Question

A statute in the State of Utopia makes it unlawful to sell soft drink beverages in any type of container except refundable glass containers. A violation of the statute is a misdemeanor subjecting the violator to a fine of up to $1000.00. Can Co., an out of state corporation manufactures aluminum soft drink cans and brings a lawsuit in a state court challenging the constitutionality of the State statute. The highest State court in Utopia ruled against Can Co. If Can Co seeks review of this case in the U. S. Supreme Court, the likely decision will be:

The U.S. Supreme Court will not hear the case; it never accepts cases that are appealed from State Supreme Courts.

Explanation / Answer

The U.S. Supreme Court may accept the case so long as when the party submitting it to the Supreme Court requesting that it be reviewed uses a writ of certiorari.

In this case, a matter of federal question is involved wherein the district courts have limited jurisdiction pertaining to such a federal question. Moreover,

the Can Co. is also alleging that the State of Utopia has violated the Commercial clause by making the sale of soft drink beverages in canned containers unlawful, thereby burdening the interstate commerce clause. It being a federal question, US Supreme Court can hereby decide whether the State of Utopia violates the constitutional framework of the country. Therefore the above option is correct.

The U.S. Supreme Court may accept the case so long as when the party submitting it to the Supreme Court requesting that it be reviewed uses a writ of certiorari.

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