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Johanns v. Livestock Marketing Association (docket #:03-1164) (2005)  [Findlaw]

Secondary Link Johanns v. Livestock Marketing Association  [Legal Information Institute]
Argument Date 12/08/2004
Supreme Court Vote 6-3
Note This is the lead case, which was consolidated with Nebraska Cattlemen, Inc. v. Livestock Marketing. The lead name in the case was changed from Veneman to Johanns.
Supreme Court Ruling First Amendment claim denied
IssueDid the 8th Circuit err in holding that the 1985 Beef Promotion & Research Act, and regulations promulgated there under -- which impose assessments on beef producers and importers to fund research, education, and promotional activities carried out by special administrative bodies created by Congress for the express purpose of furthering important governmental objectives under direct supervision of Secretary of Agriculture -- are unconstitutional and unenforceable?
Case Summary & Additional Resources
Majority Opinion Scalia, J.
Concurring Opinion Thomas, J. & Breyer, J., & Ginsburg, J. (concurring in judgment)
Dissenting Opinion Souter, J. (joined by Stevens, J., Kennedy, J.)
Lower Court 8th Circuit
Lower Court Ruling First Amendment claim sustained.
Oral Arguments transcript
For Petitioner
Edwin S. Kneedler, Deputy Solicitor General

Gregory G. Garre (for petitioners in 03–1165)

For Respondent
Laurence Tribe

For Amicus
Charles L. Babcock (Dallas, TX), for 48 Cattle and Agricultural Associations

R. Ted Cruz (TX Solicitor General), for Petitioner

For Petitioner
Socicitor General Theodore Olson for United States (Cert. Reply Brief)

Solicitor General Theodore Olson for the United States (Cert. petit.)

Solicitor General's brief (merits brief)

Solicitor General's brief (merits, joint Appendix 2)

Solicitor General's brief (merits, joint Appendix)

Solicitor General's Certiorari Petition (Appendix)

Solicitor General's Reply Brief

For Respondent
Laurence Tribe, et al for Respondent (main brief)

Tony Mauro Analysis
"'04 docket includes 3 free-speech cases"

"Beef ads prompt 3rd high court review of mandatory marketing" (5/26/04)

"Justices examine government speech in beef-ad case" (12.09.04 )

Opinion - Lower Court
Livestock Marketing Association v. U.S. Dept. of Agriculture (8th Cir. 2003)

AP, "High court to decide if beef ads cut constitutional mustard" (5/24/04)

AP, "6th Circuit: Judge right to toss mandatory pork-ad program" (10/23/2003)

AP, "Appeals court hears arguments from reporters in CIA leak probe" (12.09.04 )

AP, "High court: Beef producers can be forced to pay for ads " (5-23-05)

AP, "High court: Beef producers can be forced to pay for ads " (5-23-05)

Alcice Chang, Medill News Service (analysis & description)

Citizens for Voluntary Trade website

Cochran v. Veneman (3rd Cir., 2004) (re milk ads)

Farmers' Legal Action Group, Inc.: Pork Checkoff (includes links to ct. documents)

Livestock Marketing Association v. Veneman (8th Cir., 2003)

Post, Robert, "Compelled Subsidization of Speech: Johanns v. Livestock Marketing Association," 2005 Supreme Court Review 195
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