Two Hypotheticals
A. Concerned about the state of higher education and the relative variance of tuition charges across the country at both public and private universities, the Congress passed and the President signed into law the Minimum Tuition Level Act. This Act set a minimum level of tuition for all universities in the country, including state universities. Congress relied on its commerce clause powers under Article I, Section 8, Clause 3. Congress contends that setting a tuition minimum is necessary to regulate interstate commerce in the higher educational arena, eliminating unfair advantages between rich and poor states. Due to an international oil and gas shortage, and to new finds of oil and gas deposits in the state, Texas revenues (income) have skyrocketed. Texas decides to eliminate tuition for its UT students, at all campuses, except UT Austin, which remains at the Congressionally mandated minimum of $4000 per academic year. The U.S. Secretary of Education imposes the sanctions authorized under the federal statute against the State of Texas because of the state’s failure to comply. The Secretary shuts off all federal funds for University of Texas schools and students. Two members of the UT Board of Regents, three UTSA students, and the Governor of Texas on behalf of the state, bring federal court action to have the federal statute, the Minimum Tuition Level Act, declared unconstitutional, null and void. The U.S. District Court and U.S. Court of Appeals for the Fifth Circuit uphold the federal statute. As Chief Justice of the U.S. Supreme Court, you write the decision in Perry, Texas, et al., v. U.S. Secretary of Education.
B. The State of Texas passed a law prohibiting same-sex marriages. Two women in love sought a marriage license. The state denied them a license. They sue the state contending that the law abridges their right to privacy, their right to make autonomous choices affecting their individual lives and destinies, and their right to the equal protection of the laws. The Texas courts uphold the law as constitutionally legitimate, not violating any state or federal right. You write the decision for the Supreme Court in Sue Smith and Rosa Laredo v. Texas.