Beef Checkoff | 8th Circuit Appeals Court Rules Against Checkoff | The U.S. C...

Beef Checkoff

8th Circuit Appeals Court Rules Against Checkoff

The U.S. Court of Appeals for the 8th Circuit upheld a district court decision that the beef checkoff is unconstitutional on July 8. The judges said the government's interest in protecting the welfare of the beef industry by compelling all beef producers and importers to pay for generic advertising is not sufficiently substantial to justify the infringement of the plaintiffs' First Amendment free speech rights. The plaintiffs include beef producers, the Livestock Marketing Association and the Western Organization of Resource Councils, an environmental activist group.

According to the Cattlemen's Beef Board (CBB), operations will continue as normal, pending further appeal. The CBB says two options are currently available: (1) The Justice Dept. (representing the CBB in this case) has 45 days to request a rehearing of its case in the 8th Circuit and, should this rehearing be granted, the CBB could operate until a new decision is handed down; or (2) Justice has 52 days to decide to appeal the case directly to the U.S. Supreme Court, which would be unlikely to review the case until its 2004 session. Monte Reese, CBB chief operating officer, said: “We are disappointed, of course, but this is another step in what we've always expected would be a long process.” The beef checkoff has been declared constitutional in the 3rd and 10th circuits.

The 8th Circuit decision is available at http://www.ca8.uscourts.gov/opndir/03/07/022769P.pdf.

Beef Checkoff

8th Circuit Appeals Court Rules Against Checkoff

The U.S. Court of Appeals for the 8th Circuit upheld a district court decision that the beef checkoff is unconstitutional on July 8. The judges said the government’s interest in protecting the welfare of the beef industry by compelling all beef producers and importers to pay for generic advertising is not sufficiently substantial to justify the infringement of the plaintiffs’ First Amendment free speech rights. The plaintiffs include beef producers, the Livestock Marketing Association and the Western Organization of Resource Councils, an environmental activist group.

According to the Cattlemen’s Beef Board (CBB), operations will continue as normal, pending further appeal. The CBB says two options are currently available: (1) The Justice Dept. (representing the CBB in this case) has 45 days to request a rehearing of its case in the 8th Circuit and, should this rehearing be granted, the CBB could operate until a new decision is handed down; or (2) Justice has 52 days to decide to appeal the case directly to the U.S. Supreme Court, which would be unlikely to review the case until its 2004 session. Monte Reese, CBB chief operating officer, said: “We are disappointed, of course, but this is another step in what we’ve always expected would be a long process.” The beef checkoff has been declared constitutional in the 3rd and 10th circuits.

The 8th Circuit decision is available at http://www.ca8.uscourts.gov/opndir/03/07/022769P.pdf.