Legal Opinion
Opinion No. (1987)
Nebraska Attorney General Reports
Decided May 4, 1987Published
1Opinion of the Court
REQUESTED BY: Senator Rod Johnson Does the provision making the operation of LB 68 effective upon all contiguous states passing an identical act constitute an unlawful delegation of legislative authority?
Does LB 68 violate the Interstate Commerce clause of the United States Constitution?
No.
Although LB 68's violation of the Commerce clause is not clear, considering the fact that the state, and most if not all other states, have adhered to a lower federal rate of MSNF (Milk-Solids-Not-Fat) content of milk for many years would make defense of the increase difficult, particularly if there was…
2Cases cited11 opinions
- Baldwin v. G. A. F. Seelig, Inc.Supreme Court of the United States · 1935
- Dean Milk Co. v. City of MadisonSupreme Court of the United States · 1951
- Kassel v. Consolidated Freightways Corp. of Del.Supreme Court of the United States · 1981
- Great Atlantic & Pacific Tea Co. v. CottrellSupreme Court of the United States · 1976
- Polar Ice Cream & Creamery Co. v. AndrewsSupreme Court of the United States · 1964
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