Ninth Circuit Rebuffs Constitutional Challenge to Beef Check-Off

On July 27, 2021, the U.S. Court of Appeals for the Ninth Circuit affirmed a summary judgment against claims that certain promotional activities funded by beef check-off funds amounted to unconstitutional compelled speech.  Ranchers Cattlemen Action Legal Fund v. Vilsack, No. 20-35453 (9th Cir. July 27, 2021). Continue reading “Ninth Circuit Rebuffs Constitutional Challenge to Beef Check-Off”

Eighth Circuit Upholds Trump Administration’s Scuttling of Packers and Stockyards Act Rules

By John M. Simpson.

The U.S. Court of Appeals for the Eighth Circuit recently denied a petition for review of the Secretary of Agriculture’s actions to withdraw interim final and proposed regulations under the Packers and Stockyards Act (PSA).  Organization for Competitive Markets, et al., v. Dep’t of Agriculture, et al., No. 17-3723 (8th Cir. Dec. 21, 2018).  The  interim final and proposed rules had been issued by the U.S. Department of Agriculture (USDA) in the Obama Administration in late 2016 but were scuttled by the Trump Administration.  Continue reading “Eighth Circuit Upholds Trump Administration’s Scuttling of Packers and Stockyards Act Rules”

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