| 10/23/2003 Appeals Court Affirms Pork Checkoff Unconstitutional - 10/22 Agriculture Online "Hog farmers voted it down, now two federal courts have decided the mandatory Pork Checkoff is unconstitutional and is entirely invalidated," said Hampton, Iowa hog farmer Mark McDowell, an Iowa Citizens for Community Improvement (ICCI) member and Campaign for Family Farms spokesperson. "This is a big victory for family farmers and for democracy in America." Ag Secretary Ann Veneman said she was disappointed in the news. "I am disappointed that the US Court Appeals did not overturn the lower court's ruling. USDA regards such programs, when properly administered, as effective tools for market enhancement," she said in a statement. "We are consulting with the US Department of Justice to determine the next steps regarding this matter." Susan Stokes, legal director for Farmers' Legal Action Group (FLAG) and attorney for the Campaign for Family Farms, said, "This decision is vindication of the rights of independent hog farmers, who have been fighting this illegitimate and unconstitutional checkoff for more than five years." Although the ruling invalidates the Pork Checkoff, ICCI and CFF say farmers have expressed concern that the National Pork Producers and the USDA will use the courts to delay the end of the program and continue collecting checkoff fees. "It is time for the USDA to wave the white flag on Pork the Other White Meat," said David Moeller, staff attorney for FLAG, today. USDA spokeswoman Julie Quick today told Reuters the department was consulting with the Justice Department on whether to ask the appeals court for a stay, while it considers its options. The administration could ask the entire appeals court to review the cas e or request the Supreme Court decide the case, she said. Another one down? Today's news comes close on the heels of an appeals court ruling not to re-hear a South Dakota checkoff case that in 2002 found the mandatory Beef Checkoff unconstitutional because it compelled producers to pay for a program with with they disagreed. That case was brought by the Livestock Marketing Association and WORC (Western Organization of Resource Councils) and was decided by US District Judge Charles Kornmann. The full 8th Circuit on Friday denied a petition for rehearing filed by the defendants in that case, USDA Secretary Ann Veneman and the National Cattlemen's Beef Board. According to Reuters, USDA on Monday said it may ask the Supreme Court to decide the future of the Beef Checkoff program. Moeller told Agriculture Online Tuesday if the Supreme Court does agree to take the case, it is likely it won't be heard until the next term, which begins in October 2004. He says USDA has until January 14 to file a petition seeking review from the Supreme Court. The Livestock Marketing Association and WORC will have 30 days to respond. "Given that the Supreme Court's last date for oral argument is April 28, 2004, there is probably not enough time to consider the petition and if granted, brief the case," Moeller said. Related Link: http://www.agriculture.com |
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