8/28/2003 Rehearing Sought on Checkoff Ruling - 8/23 Omaha World Herald

Known for the slogan, "Beef, it's what's for dinner," the checkoff program was created by the federal government 18 years ago. It is funded by producers through a $1 fee on every animal they sell.

Small farmers have challenged the checkoff, claiming it benefits big producers while taking money out of their pockets.

A three-judge panel on the 8th Circuit Court of Appeals ruled in July that the checkoff was not protected government speech and was unenforceable. The judges ruled that the government's interest in protecting the beef industry isn't sufficient to infringe upon those who don't want the Beef Council to speak for them.

Nebraska Cattlemen and the U.S. Justice Department each have filed petitions asking the full 8th Circuit panel of judges to reconsider the ruling. According to its member policies, Nebraska Cattlemen will continue to defend the checkoff even though the group is not actually funded by program dollars.

"It's interesting that this petition comes at a time when producer support for the beef check continues to grow," said Greg Ruehle, vice president of the group.

Ruehle said a survey last month by the Cattlemen's Beef Board indicated that 63 percent of beef and dairy producers support the checkoff. Producers who consider themselves informed about the issue showed nearly 70 percent support, Ruehle said.

The rehearing is warranted because judges should not lightly declare an act of Congress unconstitutional, the group said.

The cattlemen's group also maintains that the beef checkoff ruling goes against previous Supreme Court rulings on government speech as well as precedents involving the constitutionality of the checkoff program.




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