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Amended complaint filed in RFID case
In an April 2019 mandate, the U.S. Department of Agriculture and its Animal & Plant Health Inspection Service (APHIS) required all cattle producers to use radio frequency identification (RFID) ear tags and to register their premises with the government if they transport adult cattle across state lines after Jan. 1, 2023. On April 6, 2020,…
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The Federal Government's "Police Power" and the Takings Clause: Part IV
Part I in this series explained that Congress does not have a general police power. Part II added that Congress can seize property pursuant to its Commerce and Necessary and Proper Clause Powers. Part III turned to 18 U.S.C. 922(o), the statute that purportedly authorized the bump stock ban. This fourth part will analyze whether this statute is constitutional under Lopez, Morrison,…
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The Federal Government's "Police Power" and the Takings Clause: Part III
Part I in this series explained that Congress does not have a general police power. Part II added that Congress can seize property pursuant to its Commerce and Necessary and Proper Clause Powers. But the federal government cannot seize property if the requisite statutory authority exceeds Congress’s enumerated powers. Part III will extend this analysis to the Trump…
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The Federalist founder tweeted an anti-union joke. It’s going to get him in trouble
The Federalist is being accused of unlawful labor practices over co-founder Ben Domenech’s tweet discouraging employees from unionizing. “FYI @fdrlst first one of you tries to unionize I swear I’ll send you back to the salt mine,” Domenech tweeted on the same day that Vox Media employees walked out amid negotiations to unionize. Domenech probably…
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New Lawsuit Filed Against USDA Over Rescinded RFID Requirement
The legal battle between radio frequency ID ear tag opponents and the USDA is back on. A previous lawsuit filed by R-CALF USA and several ranchers was dismissed after USDA reversed course on a rule that would have required cattle producers to use RFID ear tags and register their premises by 2023 if they transport…
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R-CALF Files Amended Complaint in RFID Case
Harriet Hageman, Senior Litigation Counsel for the New Civil Liberties Alliance, filed an amended complaint in the Wyoming federal district court on behalf of R-CALF USA and ranchers Tracy and Donna Hunt and Kenny and Roxy Fox. In an order dated, March 6, the court authorized R-CALF USA and the ranchers to file an amended…
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