Facts
Following
denial of motion to dismiss indictment, defendant was
convicted before the U.S. District Court of violating the Lacey Act by importing baitfish
into Maine in violation of Maine statute prohibiting such importation, and
defendant appealed.
The
First Circuit reversed, and the State
of Maine, which intervened, appealed.
Holding
The
Supreme Court held that:
- appeal as of right where a state statute is invalidated will lie in civil as well as criminal cases;
- State had standing, notwithstanding that federal government abandoned its own appeal; and
- the ban did not violate the commerce clause in that it served legitimate local purpose, i.e., protecting native fisheries from parasitic infection and adulteration by non-native species, that could not be served as well by available nondiscriminatory means.
Judgment
of Court of Appeals reversed.
