Krekorian Bill overturned by U.S. Supreme Court

The U.S. Supreme Court released it’s finding in National Meat Association v. Harris (10-224) this morning. In the decision, the court found that AB 2098 (2008) by Paul Krekorian, which require the immediate euthanization of any nonambulatory animal, violated Federal Meat Inspection Act (FMIA).

The FMIA includes a preemption clause (§678) which precludes states from imposing requirements that are “within the scope” of the FMIA. On this basis, the Court overturned the California law.

Prior to Krekorian’s bill, the most recent California law to be overturned by the U.S. Supreme Court was AB 1179 (2005) by Leland Yee. That bill, overturned last June, prohibited the sale of violent video games to minors.

Comments

  1. It’s not just about Prop 8 in my oioinpn. If the backers of a ballot measure don’t have standing, and the government refuses to defend it, then what happens? I don’t want a governor/attorney’s general to be able to just walk away and then that be it. Letting Yes on 8 (or any other initiative backer) to have standing gives more power to the people.

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