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Decided

National Meat Association v. Harris

Docket No.10-224
Op. Below9th Circuit
ArgumentNov 9, 2011

Holding

The Federal Meat Inspection Act expressly preempts a California law regulating the treatment of non-ambulatory pigs at federal"ly inspected slaughterhouses.

Plain English Holding

A California law regulating the treatment of livestock that cannot walk (and which requires, for example, that such animals be euthanized immediately and not used for food) is invalid because it is trumped, or "preempted," by a federal law regulating the treatment of livestock at slaughterhouses.

Judgment

Reversed, 9-0, in an opinion by Elena Kagan on Jan 23, 2012.

Proceedings & orders timeline

Aug 13, 2010
Petition for a writ of certiorari filed. (Response due September 16, 2010)
Aug 31, 2010
Waiver of right of respondents Arnold Schwarzenegger, Governor, et al. to respond filed.
Aug 31, 2010
Waiver of right of respondents The Humane Society of the United States, et al. to respond filed.
Sep 10, 2010
Motion for leave to file amicus brief filed by American Association of Swine Veterinarians, et al.
Sep 29, 2010
DISTRIBUTED for Conference of October 15, 2010.
Oct 13, 2010
Response Requested . (Due November 12, 2010)
Oct 27, 2010
Order extending time to file response to petition to and including December 15, 2010, for all respondents.
Dec 15, 2010
Brief of respondents Humane Society of the Unite States, et al. in opposition filed.
Dec 15, 2010
Brief of respondents Arnold Schwarzenegger, Governor, et al. in opposition filed.
Dec 23, 2010
Reply of petitioner National Meat Association filed.
Dec 29, 2010
DISTRIBUTED for Conference of January 14, 2011.
Jan 18, 2011
The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 26, 2011
Brief amicus curiae of United States filed.
Jun 6, 2011
Supplemental brief of petitioner National Meat Association filed.
Jun 7, 2011
DISTRIBUTED for Conference of June 23, 2011.
Jun 27, 2011
Motion for leave to file amici brief filed by American Association of Swine Veterinarians, et al. GRANTED.
Jun 27, 2011
Petition GRANTED.
Jul 20, 2011
The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 22, 2011.
Jul 20, 2011
The time to file respondents' briefs on the merits is extended to and including October 3, 2011.
Aug 8, 2011
SET FOR ARGUMENT ON Wednesday, November 9, 2011.
Aug 15, 2011
Record received from U.S.C.A. for 9th Circuit. (1 envelope)
Aug 15, 2011
Record from U.S.D.C. for Eastern District of California is electronic.
Aug 22, 2011
Joint appendix filed. (Statement of costs filed)
Aug 22, 2011
Brief of petitioner National Meat Association filed.
Aug 29, 2011
Brief amicus curiae of United States filed.
Aug 29, 2011
Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Aug 29, 2011
Brief amici curiae of American Association of Swine Veterinarians, et al. filed.
Sep 14, 2011
CIRCULATED
Sep 26, 2011
Motion for divided argument filed by respondents The Humane Society of the United States, et al.
Oct 3, 2011
Brief of respondents The Humane Society of the United States, et al. filed. (Distributed)
Oct 3, 2011
Brief of respondents Kamala D. Harris, Attorney General of California, et al. filed. (Distributed)
Oct 6, 2011
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 10, 2011
Brief amicus curiae of American Society for the Prevention of Cruelty to Animals filed. (Distributed)
Oct 10, 2011
Brief amici curiae of Public Citizen, et al. filed. (Distributed)
Oct 11, 2011
Brief amici curiae of Illinois, et al. filed. (Distributed)
Oct 11, 2011
Brief amici curiae of Professors of Preemption Law filed. (Distributed)
Oct 11, 2011
Brief amici curiae of Tim Blackwell, D.V.M. and Kristie Mozzachio, D.V.M. filed. (Distributed)
Oct 28, 2011
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 28, 2011
Motion for divided argument filed by The Humane Society of the United States, et al. DENIED.
Nov 2, 2011
Reply of petitioner National Meat Association filed. (Distributed)
Nov 9, 2011
Argued. For petitioner: Steven J. Wells, Minneapolis, Minn.; and Benjamin J. Horwich, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Susan K. Smith, Deputy Attorney General, Los Angeles, Cal.
Jan 23, 2012
Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court.
Feb 24, 2012
JUDGMENT ISSUED.

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