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Association des Eleveurs de Canards et d’Oies du Quebec, et al. v. Xavier Becerra, Attorney General of California

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 15-55192 · judgment September 15, 2017

Certiorari denied · January 7, 2019

Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

All poultry products sold in commerce in America are subject to the federal Poultry Products Inspection Act (PPIA), which contains an express preemption clause that prohibits States from imposing any “ingredient requirements” that are “in addition to, or different than,” those established under the PPIA. In National Meat Ass’n v. Harris, 565 U.S. 452 (2012), this Court unanimously held that an identical preemption clause in the Federal Meat Inspection Act “sweeps widely.” It also held that a State may not avoid federal preemption of a State regulation of meat production “just by framing it as a ban on the sale of meat produced in whatever way the State disapproved” since “[t]hat would make a mockery of the FMIA’s preemption provision.” The questions presented are:

Whether a State’s ban on the sale of wholesome, federally-approved poultry products based on the State’s disapproval of the way in which the poultry ingredient was produced imposes an “ingredient requirement” in addition to or different than those in the Poultry Products Inspection Act.
Whether Congress has preempted the field of poultry products ingredients, as the Fifth and Sixth Circuits have long held — or not, as the Ninth Circuit has just held.

Counsel of record

For petitioner
Michael Tenenbaum
The Office of Michael Tenenbaum, Esq.

For respondent
Aimee Athena Feinberg
California Department of Justice

Case

Conference history
Distributed for 2 conferences

Amicus briefs
6 cert-stage

Linked docket
17A793

Proceedings

Jan 07 2019
Petition DENIED.
Dec 26 2018
Supplemental brief of petitioners Association des Éleveurs de Canards et d’Oies du Québec, et al. filed.
Dec 19 2018
DISTRIBUTED for Conference of 1/4/2019.
Dec 04 2018
Brief amicus curiae of United States filed.
Jun 18 2018
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Jun 05 2018
Reply of petitioners Association des Éleveurs de Canards et d’Oies du Québec, et al. filed. (Distributed)
May 29 2018
DISTRIBUTED for Conference of 6/14/2018.
May 14 2018
Brief of respondent Xavier Becerra, Attorney General of California in opposition filed.
Apr 12 2018
Brief amicus curiae of Conseil de la Transformation Alimentaire du Québec filed.
Apr 12 2018
Brief amicus curiae of U.S. Poultry & Egg Association filed.
Apr 12 2018
Brief amici curiae of Reason Foundation and The Cato Institute filed.
Apr 12 2018
Brief amici curiae of State of Missouri and 10 other States filed.
Apr 10 2018
Brief amicus curiae of Republic of France filed.
Apr 03 2018
Motion to extend the time to file a response is granted and the time is extended to and including May 14, 2018
Mar 30 2018
Blanket Consent filed by Petitioners, Association des Éleveurs de Canards et d’Oies du Québec, et al..
Mar 30 2018
Motion to extend the time to file a response from April 12, 2018 to May 14, 2018, submitted to The Clerk.
Mar 09 2018
Petition for a writ of certiorari filed. (Response due April 12, 2018)
Jan 26 2018
Application (17A793) granted by Justice Kennedy extending the time to file until March 9, 2018.
Jan 23 2018
Application (17A793) to extend the time to file a petition for a writ of certiorari from February 7, 2018 to March 9, 2018, submitted to Justice Kennedy.
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