Reference no: EM13760901

Lindenwood Valley is a Missouri business that produces and sells foie gras.  Lindenwood Valley sells foie gras throughout the United States.  Lindenwood Valley breeds and raises specific types of ducks that are specially bred for their capacity to store fat in their liver. To produce foie gras, Lindenwood Valley force feeds its ducks using a feeding tube, so that the ducks will consume more food than they would consume voluntarily.  This process of forced feeding substantially increases the size of the ducks' livers.  The enlarged livers are then used to produce foie gras, which is sold as a food delicacy by Lindenwood Valley directly to specialty food retailers and up-scale restaurants.  In an effort to promote the humane treatment of animals, the Oregon state legislature passed a statute in 2015 which outlaws the sale of any product in the state of Oregon that results from the forced feeding of birds for the purpose of enlarging the birds' liver beyond normal size.  The law also prohibits any person from force feeding a bird for the purpose of enlarging the bird's liver beyond normal size, or hiring another person to do so.  The law is to take effect on January 1, 2016.  Lindenwood Valley will lose substantial business if it is no longer able to sell foie gras within Oregon, which is one of Lindenwood Valley's larger markets for foie gras. Lindenwood Valley wants to file a lawsuit in Oregon state court against the State of Oregon and ask the court to enjoin the enforcement of the Oregon law before it becomes effective on January 1, 2016.  Lindenwood Valley believes the Oregon law statute violates the U.S. Constitution by denying it due process of law.  Lindenwood Valley also claims that the Oregon statute should be struck down because it violates the Commerce Clause.  The Board of Directors of Lindenwood Valley has asked you to advise them on whether they have a good claim for these alleged constitutional violations.  What advice do you give Lindenwood Valley? Explain your answer.