1. Whether a party alleging that Proposition 12 discriminates against interstate commerce, both directly and under Pike v. Bruce Church (among many other viable counts), states a claim, as a majority of Justices concluded in Ross.

2. Whether lower federal courts evaluating fractured opinions from this Court consider all Justices' opinions to determine the majority position on a legal issue as the First, Third, Fourth, and Eighth Circuits hold, or whether lower courts are limited to consider only opinions concurring in the result as the District of Columbia, Second, Fifth, Sixth, Ninth, Tenth, and Eleventh Circuits hold.

Whether a party alleging that Proposition 12 discriminates against interstate commerce states a claim under Pike v. Bruce Church, and whether lower federal courts should consider all Justices' opinions or only opinions concurring in the result when evaluating fractured Supreme Court opinions