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6. The state statute
Which of the following arguments offered by these plaintiffs is likely to be most persuasive in light of applicable precedent?
Small retailers located in a particular state are concerned about the loss of business to certain large retailers located nearby in bordering states. In an effort to deal with this concern, the legislature of the state enacted a statute requiring all manufacturers and wholesalers who sell goods to retailers in the state to do so at prices that are no higher than the lowest prices at which they sell them to retailers in any of the states that border that state. Several manufacturers and wholesalers who are located in states bordering the state and who sell their goods to retailers in those states and in the state bring an action in federal court to challenge the constitutionality of this statute.
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A is incorrect. The state has not actually deprived the manufacturers and wholesalers of any property since they still have full use of their property without substantial interference.
C is incorrect. The Privileges or Immunities Clause of the Fourteenth Amendment does not apply to corporations.
D is incorrect. There is no classification here, and thus, the statute need only be rationally related to some conceivable legitimate state interest. This review is very deferential, and it is highly unlikely that the statute lacks that minimal rationality.