Issues of concern to people who live in the west: property rights, water rights, endangered species, livestock grazing, energy production, wilderness and western agriculture. Plus a few items on western history, western literature and the sport of rodeo... Frank DuBois served as the NM Secretary of Agriculture from 1988 to 2003. DuBois is a former legislative assistant to a U.S. Senator, a Deputy Assistant Secretary of Interior, and is the founder of the DuBois Rodeo Scholarship.
Wednesday, October 26, 2016
Federal magistrate takes Beef Checkoff under advisement
Federal Magistrate Judge John T. Johnston heard arguments for 55 minutes Tuesday from attorneys representing the activist legal fund R-CALF USA and Secretary of Agriculture Tom Vilsack about the Beef Checkoff program.
Judge Johnston of the U.S. District Court in Montana then took his range of options under advisement. R-CALF wants him to grant a temporary restraining order while Secretary Vilsack believes the challenge to the Beef Checkoff should be dismissed for lack of jurisdiction or for failure to state a claim. R-CALF would also settle for a preliminary injunction. R-CALF, with the long formal name of the Ranchers-Cattlemen Action Legal Fund, United Stockgrowers of America, is a Billings, MT-based organization for independent cattle and sheep producers. It sued the secretary May 2, “alleging that the United States Department of Agriculture turns over proceeds from a federal tax on each sale of cattle to the private Montana Beef Council, to fund the council’s private speech, harming R-CALF USA’s members.”
It said “the government-compelled subsidy of the speech of a private entity, which is not effectively controlled by the government, is unconstitutional under the First Amendment of the United States Constitution and should be enjoined.”
The R-CALF lawsuit, however, revisits some of the the same ground as a 2005 challenge to the Beef Checkoff program that went all the way to the U.S. Supreme Court, which found the $1 per head charge for industry marketing and research funds “government speech,” not the commercial speech of individuals...more