Reference no: EM133600897

Case Study: Did Carla Marcus violate the "Keep Our Kids Healthy Act of 2013" She was caught smoking a cigarette on the school playground of her son's elementary school, while waiting to pick him up and was arrested for violation of the Act, as Congress recently discovered numerous findings as to the exposure to children exposed to second-hand smoke. The findings were as follows:

Tobacco is grown in a number of states, but the vast majority (over 80%) of the tobacco farmed in the U.S. is grown in North Carolina and Kentucky. Before commercial sale in cigarette form, that tobacco must move in interstate commerce.

Children exposed to second-hand smoke face an increased risk of a wide variety of health problems adults, including heart disease, lung disease and cancer.

Second-hand smoke-related health problems will also cause a decrease in worker productivity, which imposes an additional $500 million burden on our national economy.

These increased health risks can pose a potential $2 billion in costs in the next decade, due to increased health care expenditures and lost work time.

Children exposed to second-hand smoke will require additional health care, which will result in additional costs to individuals, health care providers, insurers, and the federal and state governments.

Carla is seeking legal advice. Draft a detailed letter explaining to Carla the basics of the federal commerce power, key case law and principles, and the key tests involved in a challenge of the Act. Your letter should include your assessment of the likelihood that a challenge to the Act would succeed.

Question: Do you think that this is merely a red herring?