Review Question 3 - Grading Sheet

Genetic Discrimination in Employment Act (50 points)

States-state autonomy (10th Amendmt)-no claim based on argument that burdens state employmt decisions-regulated along w/private employers-NLC overturned by Garcia(5 pts)____
state sov-like Printz-compelled to assist enforcemt of fed reg program-report violations(5)____
state sov-not like Printz-only required to provide info-feds enforce-reporting is different than enforcemt, more like Reno v. Conden(5)____
Employers-beyond power of Congress under Commerce Clause-category 3-local activity(4)____
Economic or noneconomic activity?-employment relationship is eco activity vs discrimination is not eco activity(5)____
If eco activity, could Congress rationally conclude local activity (use of genetic testing) in aggregate has subs eco effect on IC?(3)____
application to facts-use of genetic testing leads to job losses, unemploymt produces less eco activity(7)____
part of a class of activities or comprehensive regulatory scheme applies to all employers of 5 or more employees?(3)____
N & P Clause-is it plaintly adapted to IC ends, necy to effective reg of IC itself, part of gen’l regulatory scheme?(3)____
If non-economic activity, apply Lopez factors to facts-no jur elem, no findings on IC link, no aggregation, too attenuated, trad'l area of st reg(7)____
Miscellaneous_______________________________________________________(3)____