MBE Question of the Day

As bar exam results from the July 2022 exam begin to be released in states around the country, we will be posting several real MBE questions every week, with the answer to be posted the following day. Please feel free to email us with any questions about these, and if you were unsuccessful on the bar exam, submit your score report here for a free score report evaluation from our bar exam experts!

MBE Question of the Day

A state has a law that forbids the sale of certain drugs. A resident of that state sells these drugs and has done so for several years. The state has never enforced its statute. However, Congress recently passed a statute that made the sale of these drugs illegal. Fearing for his business, the resident brings suit in federal district court to challenge the constitutionality of the federal statute. If the court refuses the case, what would be the most likely reason?
(A) The case should be heard by a 3-judge panel.
(B) The controversy is not ripe.
(C) The issue is political in nature.
(D) The resident does not have standing

Answer to be posted tomorrow……