Free Market Carnivore's Blog

AMI, NCBA and their co-plaintiffs have been granted an en banc hearing, that is, before the full U.S. Court of Appeals, D.C. Circuit, on their request to block implementation of the latest version of the mCOOL law.

The plaintiffs had failed to persuade a judge to grant a preliminary injunction, then struck out with a three-judge panel.

“However, because of the significance of the First Amendment question at issue in the case, the panel recommended that the matter be reheard en banc and the full court agreed,” AMI said.

The en banc oral arguments will be heard on May 19.

“The central question in the en banc hearing is the legal standard the government must satisfy when it compels commercial disclosures,” AMI said.

This federal complaint is one cog of a multi-prong attempt by the meat industry to stop the full implementation of an mCOOL law made much more expensive, intrusive and, for many packers, prohibitive by May 2013 USDA revisions.  Another prong is the WTO, which is expected to rule sometime later in 2014.  There is always a chance of Congressional action but given the opposition by the Democrats and their leadership, that is unlikely until after the fall elections.