State of Confusion - Tonya's Suit

State of Confusion

Tonya's suit will be taken up by federal law, which proceeds over the conflicts between state and local jurisdictions. Although a statement from this case also shows that a claimant is brining an existing case in federal court, the defendant shall have the option to bring the case to a state court to have a decision brought forth or have the option to bring it out of federal court. In a case that is no longer mandates a federal court then a state court is the proper way to go.

If a state has already passed this type of law, Tonya would be better off filing suit inside the state that has not passed this law. If the State of Confusion has the statue that requires the B-type truck hitch by all towing trucks and trailers that use their roads, there would be no way for an individual to have the state renounce the law. The government is the only possible way for the law to be renounced. If the government does not step in the statue will remain implemented. In this case both state and federal courts have the jurisdiction, which Tanya shall be safer to file in the federal court since the state implemented the statue for an advantage first.

To determine if the State of Confusion is really constitutional, we will be guided by a similar case, which is the Rowe, Attorney General of Maine v. New Hampshire Motor Transport Association (Supreme Court of the United States, 2007). This case shows the Confusion statue non constitutional. The case mentioned showed how congress had goals to keep the transportation rates at a stable median, and to improve the routes in a highly competitive market. This program also is trying to come up with a system that is efficient, cheaper, and yet be of high quality. The federal law looked into the issue of the Maine Law. The state of Confusion is similar to this case, in which whoever drives through the state must have the B-type truck hitch.

The case of the Maine Law was distinguished on how Maine would only allow motor carriers licensed in there state to haul tobacco products. The federal law on the other hand was taking it as a competitive market for motor carriers. This type of law by Maine is similar to the B-type hitch law mandated by the State of Confusion in which only vehicles that came through the state could have the B-type hitch. This would eliminate the competitive market. In the case the government did nothing to try and control the B-type hitch which the trucks were using on state roads.