Reference no: EM132118462

A statute in the State of Utopia makes it unlawful to sell soft drink beverages in any type of container except refundable glass containers. A violation of the statute is a misdemeanor subjecting the violator to a fine of up to $1000.00. Can Co., an out of state corporation manufactures aluminum soft drink cans and brings a lawsuit in a state court challenging the constitutionality of the State statute. The highest State court in Utopia ruled against Can Co. If Can Co seeks review of this case in the U. S. Supreme Court, the likely decision will be:

The U.S. Supreme Court will not hear the case; it never accepts cases that are appealed from State Supreme Courts.

The U.S. Supreme Court may accept the case so long as when the party submitting it to the Supreme Court requesting that it be reviewed uses a writ of certiorari.

The U.S. Supreme Court is required to accept all cases submitted to it from State Supreme Courts so long as a writ of certiorari is used.

Two of the answers in this group are correct.

The U.S. Supreme Court will not hear the case, the highest court any state is the final arbiter of the constitutionality of state laws.