from the United States Court of Appeals for the Ninth Circuit
See other cases from the Ninth Circuit.
Judgment issued.
Adjudged to be AFFIRMED. Gorsuch, J., announced the judgment of the Court, and delivered the opinion of the Court with respect to Parts I, II, III, IV–A, and V, in which Thomas, Sotomayor, Kagan, and Barrett, JJ., joined, an opinion with respect to Parts IV–B and IV–D, in which Thomas and Barrett, JJ., joined, and an opinion with respect to Part IV–C, in which Thomas, Sotomayor, and Kagan, JJ., joined. Sotomayor, J., filed an opinion concurring in part, in which Kagan, J., joined. Barrett, J., filed an opinion concurring in part. Roberts, C. J., filed an opinion concurring in part and dissenting in part, in which Alito, Kavanaugh, and Jackson, JJ., joined. Kavanaugh, J., filed an opinion concurring in part and dissenting in part.
Argued. For petitioners: Timothy S. Bishop, Chicago, Ill.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For state respondents: Michael J. Mongan, Solicitor General, San Francisco, Cal. For Humane Society of the United States, et al. respondents: Jeffrey A. Lamken, Washington, D. C.
Motion for divided argument filed by respondents GRANTED.
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED, and the time is divided as follows: 20 minutes for petitioners, 15 minutes for the Solicitor General, 25 minutes for the state respondents, and 10 minutes for The Humane Society of the United States, et al. respondents.
Motion for leave to file respondents' brief on the merits out of time GRANTED.
Reply of petitioners National Pork Producers Council, et al. filed. (Distributed)
Brief amici curiae of Small and Independent Farming Businesses, et al. filed. (Distributed)
Brief amici curiae of Global Animal Partnership and EarthClaims LLC filed. (Distributed)
Brief amicus curiae of Perdue Premium Meat Company Inc. d/b/a Niman Ranch filed. (Distributed)
Brief amici curiae of Federalism Scholars filed. (Distributed)
Brief amicus curiae of Public Citizen filed. (Distributed)
Brief amici curiae of Economic Research Organizations filed. (Distributed)
Brief amici curiae of O. Carter Snead, Mary Eberstadt, and Matthew Scully filed. (Distributed)
Brief amici curiae of Historians Thomas Aiello and Joshua Specht filed. (Distributed)
Brief amici curiae of American Public Health Association, et al. filed. (Distributed)
Brief amici curiae of National League for Cities, et al. filed. (Distributed)
Brief amici curiae of Constitutional Law Scholars filed. (Distributed)
Brief amicus curiae of ButcherBox filed. (Distributed)
Brief amicus curiae of Association of California Egg Farmers filed. (Distributed)
Brief amicus curiae of Trade Law Professor Mark Wu filed. (Distributed)
Brief amici curiae of Professors Barry Friedman and Daniel T. Deacon filed. (Distributed)
Brief amicus curiae of The American Society For The Prevention of Cruelty to Animals filed. (Distributed)
Brief amicus curiae of Animal Protection and Rescue League, Inc. filed. (Distributed)
Brief amici curiae of Donald Broom, Elena Contreras, Gwendolen Reyes-Illg, James Reynolds, and 374 Additional Animal-Welfare Scientists and Veterinarians filed. (Distributed)
Brief amici curiae of Worker Safety Advocates filed. (Distributed)
Brief amici curiae of Animal Protection Organizations and Law Professors filed. (Distributed)
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Motion for divided argument filed by respondents The Humane Society of the United States, et al.
Brief amici curiae of Jim Keen DVM PH.D, et al. filed. (Distributed)
Brief amicus curiae of United States Senator Cory Booker filed. (Distributed)
Brief amici curiae of The Center for a Humane Economy, et al. filed. (Distributed)
Brief amici curiae of State of Illinois, et al. filed. (Distributed)
Brief of respondents The Humane Society of the United States, et al. filed (September 9, 2022). (Distributed)
Motion for leave to file respondents' brief on the merits out of time filed by respondents The Humane Society of the United States, et al.
Brief of State Respondents filed. (Distributed)
Brief amicus curiae of Dr. Leon Barringer filed. (Distributed)
CIRCULATED
The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Record requested from the 9th Circuit.
Brief amicus curiae of Protect the Harvest filed.
Brief amici curiae of Association Des Éleveurs De Canards Et D’oies Du Québec, et al. filed.
Brief amicus curiae of National Taxpayers Union Foundation filed.
Brief amicus curiae of United States filed.
Brief amicus curiae of Association for Accessible Medicines filed.
Brief amicus curiae of Washington Legal Foundation filed.
Brief amicus curiae of North American Meat Institute filed.
Brief amici curiae of Iowa Pork Producers Association, et al. filed.
Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Brief amici curiae of Professors Michael Knoll, et al. filed.
Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.
Brief amici curiae of Agricultural And Resource Economics Professors in support of neither party filed.
Brief amici curiae of Indiana, et al. filed.
Brief amicus curiae of American Association of Swine Veterinarians filed.
Brief amici curiae of Canadian Pork Council, et al. filed.
Brief amicus curiae of Professor Lea Brilmayer in support of neither party filed.
Brief amici curiae of The Retail Litigation Center, Inc., et al. filed.
Brief amici curiae of North Carolina Chamber Legal Institute, et al. filed.
Brief amicus curiae of The Buckeye Institute filed.
Brief amici curiae of National Association of Manufacturers, et al. filed.
Brief amicus curiae of Pacific Legal Foundation filed.
ARGUMENT SET FOR Tuesday, October, 11, 2022.
Brief of petitioners National Pork Producers Council, et al. filed.
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Motion to dispense with printing the joint appendix filed by petitioners National Pork Producers Council, et al.
Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 10, 2022. The time to file respondents' briefs on the merits is extended to and including August 8, 2022.
Joint motion for an extension of time to file the briefs on the merits filed.
Petition GRANTED.
Reply of petitioner National Pork Producers Council, et al. filed. (Distributed)
Brief of respondents Humane Society of the United States, et al. in opposition filed.
Brief of respondents Karen Ross, in her official capacity as Secretary of the California Department of Food and Agriculture, et al. in opposition filed.
Brief amici curiae of National Association of Manufacturers, et al. filed.
Brief amici curiae of North Carolina Chamber Legal Institute, et al. filed.
Brief amici curiae of Iowa Pork Producers Association, et al. filed.
Brief amicus curiae of Cato Institute filed.
Brief amici curiae of Indiana, et al. filed.
Motion to extend the time to file a response is granted in part and the time is extended to and including December 8, 2021, for all respondents.
Response to motion for an extension of time from petitioner National Pork Producers Council, et al. filed.
Motion to extend the time to file a response from November 18, 2021 to December 20, 2021, submitted to The Clerk.
Brief amicus curiae of Canadian Pork Council filed.
Response Requested. (Due November 18, 2021)
Waiver of National Pork Producers Council, et al. of right to respond not accepted for filing. (October 19, 2021)
Blanket Consent filed by Petitioner, National Pork Producers Council, et al.
Waiver of right of respondents Humane Society of the United States, et al. to respond filed.
Waiver of right of respondents Karen Ross, in her official capacity as Secretary of the California Department of Food and Agriculture, et al. to respond filed.
Petition for a writ of certiorari filed. (Response due October 29, 2021)
National Pork Producers Council, et al., Petitioner, represented by Timothy S. Bishop
Karen Ross, in her official capacity as Secretary of the California Department of Food and Agriculture; Tomas Aragon, Director of the Department of Public Health; Rob Bonta, Attorney General, Respondent, represented by Michael James Mongan
Karen Ross, in her official capacity as Secretary of the California Department of Food and Agriculture; Tomas Aragon, Director of the Department of Public Health; Rob Bonta, Attorney General, Respondent, represented by Samuel Thomas Harbourt
Karen Ross, in her official capacity as Secretary of the California Department of Food and Agriculture; Tomas Aragon, Director of the Department of Public Health; Rob Bonta, Attorney General, Respondent, represented by Richard Matthew Wise
The Humane Society of the United States, Animal Legal Defense Fund, Animal Equality, The Humane League, Farm Sanctuary, Compassion In World Farming USA, Animal Outlook, Respondent, represented by Jeffrey Alan Lamken
The Humane Society of the United States, Animal Legal Defense Fund, Animal Equality, The Humane League, Farm Sanctuary, Compassion In World Farming USA, Animal Outlook, Respondent, represented by Bruce Andrew Wagman
Agricultural And Resource Economics Professors, Amicus Curiae, represented by Kathleen Roberta Hartnett
American Association of Swine Veterinarians, Amicus Curiae, represented by Aaron D. Van Oort
American Public Health Association, Infectious Diseases Society of America, Center for Food Safety, et al., Amicus Curiae, represented by Henry Sabath Weisburg
Animal Protection and Rescue League, Inc., Amicus Curiae, represented by Bryan William Pease
Animal Protection Organizations and Law Professors, Amicus Curiae, represented by Katherine Anne Meyer
Association Des Éleveurs De Canards Et D’oies Du Québec, Hvfg LLC, And Sean “Hot” Chaney, Amicus Curiae, represented by Michael Tenenbaum
Association for Accessible Medicines, Amicus Curiae, represented by Jay Philip Lefkowitz
Association of California Egg Farmers, Amicus Curiae, represented by Thomas Glenn Saunders
ButcherBox, Amicus Curiae, represented by Joshua Irwin Schiller
Canadian Pork Council, Amicus Curiae, represented by Stephan E. Becker
Canadian Pork Council, OPORMEX, and Illinois Pork Producers Association, Amicus Curiae, represented by Roy T. Englert Jr.
Constitutional Law Scholars, Amicus Curiae, represented by Eric Bradley Boettcher
Donald Broom, Elena Contreras, Gwendolen Reyes-Illg, James Reynolds, and 374 Additional Animal-Welfare Scientists and Veterinarians, Amicus Curiae, represented by Gregory Gerber Rapawy
Dr. Leon Barringer, Amicus Curiae, represented by Elizabeth Rose Moulton
Federalism Scholars, Amicus Curiae, represented by Gregory M. Lipper
Global Animal Partnership and EarthClaims LLC, Amicus Curiae, represented by Alethea Anne Swift
Indiana, et al., Amicus Curiae, represented by Thomas M. Fisher
Iowa Pork Producers Association, et al., Amicus Curiae, represented by Eldon L. McAfee
Jim Keen DVM PH.D, Amicus Curiae, represented by Mark Matthew Leitner
National Association of Manufacturers, et al., Amicus Curiae, represented by Sean Marotta
National League for Cities; U.S. Conference of Mayors, International City/County Management Association, and International Municipal Lawyers Association, Amicus Curiae, represented by John J. Korzen
National Taxpayers Union Foundation, Amicus Curiae, represented by Joseph Darcy Henchman
North American Meat Institute, Amicus Curiae, represented by Paul J. Zidlicky
North Carolina Chamber Legal Institute, North Carolina Pork Council, North Carolina Farm Bureau, and 11 Other State Farm Bureaus, Pork Councils, and Business Groups, Amicus Curiae, represented by Erik S. Jaffe
Northeast Organic Dairy Producers Alliance, Amicus Curiae, represented by Jason Edward Neal
O. Carter Snead, Mary Eberstadt, and Matthew Scully, Amicus Curiae, represented by Megan Marie Wold
Pacific Legal Foundation, Amicus Curiae, represented by Deborah Joyce La Fetra
Perdue Premium Meat Company Inc. d/b/a Niman Ranch, Amicus Curiae, represented by Mitchell Y. Mirviss
Pharmaceutical Research and Manufacturers of America, Amicus Curiae, represented by Allon Kedem
Physicians Committee For Responsible Medicine, Amicus Curiae, represented by Corey Page
Professor Lea Brilmayer, Amicus Curiae, represented by Gabriel Kalman Gillett
Professor Lea Brilmayer, Amicus Curiae, represented by Tassity Shardae Johnson
Professors Barry Friedman and Daniel T. Deacon, Amicus Curiae, represented by Brianne Jenna Gorod
Professors Michael Knoll and Ruth Mason, Amicus Curiae, represented by Eric B. Wolff
Protect the Harvest, Amicus Curiae, represented by Ira T. Kasdan
Public Citizen, Amicus Curiae, represented by Nandan Maheshchandra Joshi
Senator Cory Booker, Amicus Curiae, represented by Glenn Ari Danas
Small and Independent Farming Businesses, et al., Amicus Curiae, represented by James Wesley Crooks
State of Illinois, et al., Amicus Curiae, represented by Jane Elinor Notz
The American Society For The Prevention of Cruelty to Animals, Amicus Curiae, represented by Jennifer Helen Chin
The Buckeye Institute, Amicus Curiae, represented by Larry James Obhof Jr.
The Cato Institute, Amicus Curiae, represented by Ilya Shapiro
The Center for a Humane Economy, et al., Amicus Curiae, represented by Jessica Lynn Blome
The Chamber of Commerce of the United States of America, Amicus Curiae, represented by Steffen Nathanael Johnson
The Retail Litigation Center, Inc., The Restaurant Law Center, The Food Industry Association, The National Retail Federation, and Affordable Food For All, Amicus Curiae, represented by Beth Susan Brinkmann
Thomas Aiello and Joshua Specht, Amicus Curiae, represented by Sheldon Eisenberg
Trade Law Professor Mark Wu, Amicus Curiae, represented by Mark Wu
United States, Amicus Curiae, represented by Elizabeth B. Prelogar
Washington Legal Foundation, Amicus Curiae, represented by John Mercer Masslon II
Worker Safety Advocates, Amicus Curiae, represented by David Samuel Muraskin