Blogging About Critters Since 2007

Showing posts with label us supreme court. Show all posts
Showing posts with label us supreme court. Show all posts

Tuesday, January 24, 2012

Terrible News. US Supreme Court Strikes Down California "Downer Cow" Law

Clearly a win for the damn livestock industry. It was a question of federal vs. state authority. Sucks. And it was a unanimous decision.

Read the full story at CNN....
A state law mandating "humane treatment" of downed livestock headed for the slaughterhouse was unanimously overturned Monday by the Supreme Court.

At issue was whether federal regulations dealing with inspection of domesticated animals about to be killed, processed, and sold for human consumption preempted -- or nullified -- California Penal Code 599f.

Several justices had earlier noted the good intentions behind the state action, but all now agreed that it went too far into the traditional federal arena.

U.S. Supreme Court rules on health care challenge| GPS tracking

"The Federal Meat Inspection Act regulates slaughterhouses' handling and treatment of non-ambulatory pigs from the moment of their delivery through the end of the meat production process," wrote Justice Elena Kagan. "California's (law) endeavors to regulate the same thing, at the same time, in the same place -- except by imposing different requirements. The FMIA expressly preempts such a state law."

Thursday, April 23, 2009

Supreme Court to Review Legality of Animal Abuse Videos

You'd think it would be a no-brainer, but no.
The justices said they would review, at the request of the federal government, an appeals court decision that said Congress's broad attempt to discourage animal cruelty by outlawing its depiction violates the First Amendment.

The U.S. Court of Appeals for the 3rd Circuit in Philadelphia voted 10 to 3 last summer to find unconstitutional the rarely used law passed by Congress in 1999. The appeals court said the goal of protecting against animal cruelty was a worthy one, but one already accomplished by laws in all 50 states and the District of Columbia outlawing the practice.

The appeals court noted that the Supreme Court is resistant to removing First Amendment protections of depictions even of illegal actions. The last time the court did so was over child pornography.

"Preventing cruelty to animals, although an exceedingly worthy goal, simply does not implicate interests of the same magnitude as protecting children from physical and psychological harm," the appeals court said.

I am incredibly angry at the last statement. That's just BS.

Thanks to Animal Law Online for the catch.

Monday, October 13, 2008

National Security or Whale Protection? Supreme Court Says Whales Lose

Not surprising.

On the one hand, there is “the potential for harm to marine mammals,” Chief Justice John G. Roberts Jr. said Wednesday at a Supreme Court argument over the Navy’s use of sonar in training exercises off the coast of Southern California.

On the other, the chief justice continued, there is “the potential that a North Korean diesel electric submarine will get within range of Pearl Harbor undetected” if Navy personnel are not properly trained in the use of sonar.

“Now, I think that’s a pretty clear balance,” Chief Justice Roberts said.
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