Court Briefs Filed in Checkoff Case

On Aug. 20, all briefs were filed from the U.S. Solicitor General, intervenors, and “friends” to their position that the beef checkoff is indeed constitutional and that the Supreme Court should overturn the 8th Circuit Court of Appeals opinion that said it wasn’t. 

There were several amicus curiae or “friend of the court” briefs filed in support of the checkoff.  The three most prominent ones include an industry brief, a Congressional brief and one via the National Association of Attorneys General. 

The industry brief was spearheaded by Texas Cattle Feeders, Texas Southwest Cattle Raisers, Texas Farm Bureau and American Farm Bureau.  It included 78 state and national beef industry organizations, 28 state Farm Bureaus, and seven other agriculture organizations. 

Also, 33 state attorney generals and Puerto Rico joined to file a brief in support of the checkoff and to raise concerns of the potential negative impacts an adverse decision would have on state level commodity promotion programs.  In addition to this brief, the California Attorney General filed a separate one supportive of the checkoff. 

Three members of Congress also filed an amicus brief supporting the checkoff as an important element of their role and responsibility in establishing agriculture policy. 

Briefs also were filed by Florida Department of Citrus, Michigan Pork Producers, California Agricultural Issues Forum and the American Cotton Shippers Association., et al.

On a different commodity front, importers have filed a suit against the cotton checkoff.