UNITED STATES v. UNITED FOODS, INC.

No. 00-276.

533 U.S. 405 (2001)

UNITED STATES et al. v. UNITED FOODS, INC.

United States Supreme Court.

Decided June 25, 2001.


Attorney(s) appearing for the Case

Barbara McDowell argued the cause for the United States. With her on the brief were Acting Solicitor General Underwood, Acting Assistant Attorney General Schiffer, Deputy Solicitor General Kneedler, and Douglas N. Letter.

Laurence H. Tribe argued the cause for respondent. With him on the brief were Thomas C. Goldstein and Bradley A. MacLean.*

Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, Scalia, Souter, and Thomas, JJ., joined. Stevens, J., p. 417, and Thomas, J., p. 418, filed concurring opinions. Breyer, J., filed a dissenting opinion, in which Ginsburg, J., joined, and in which O'Connor, J., joined as to Parts I and III, p. 419.


Justice Kennedy, delivered the opinion of the Court.

Four Terms ago, in Glickman v. Wileman Brothers & Elliott, Inc., 521 U.S. 457 (1997), the Court rejected a First Amendment challenge to the constitutionality of a series of agricultural marketing orders that, as part of a larger regulatory marketing scheme, required producers of certain California tree fruit to pay assessments...

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