RANCHERS CATTLEMEN ACTION LEGAL FUND UNITED STOCKGROWERS OF AMERICA, a Montana Corporation, Plaintiff-Appellant,
v.
Thomas VILSACK, in his Official Capacity as Secretary of Agriculture; United States Department of Agriculture, Defendants-Appellees,
Montana Beef Council; Nebraska Beef Council; Pennsylvania Beef Council; Texas Beef Council; Lee Cornwell; Gene Curry; Walter J. Taylor, Jr., Intervenor-Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted June 10, 2021 Portland, Oregon.
Lindsey Powell (argued) and Michael S. Raab , Appellate Staff; Civil Division, United States Department of Justice, Washington, D.C.; Ryan M. Majerus , Senior Counsel; Stephen A. Vaden , General Counsel; United States Department of Agriculture, Washington, D.C.; for Defendants-Appellees.
Tyler Lobdell and Tarah Heinzen , Food & Water Watch, Washington, D.C., for Amici Curiae Food & Water Watch, Dakota Rural Action, Family Farm Action Alliance, Farm and Ranch Freedom Alliance, Institute for Agriculture and Trade Policy, Iowa Citizens for Community Improvement, Rural Advancement Foundation International USA, and Western Organization of Resource Councils.
Before: Kim McLane Wardlaw, Richard C. Tallman, and Andrew D. Hurwitz, Circuit Judges.
OPINION
HURWITZ, Circuit Judge.
This case involves a challenge by the Ranchers-Cattlemen Action Legal Fund ("R-CALF") to mandatory assessments on cattle sales imposed by federal law used to fund advertisements for beef products. The Montana Beef Council ("MBC") and other qualified state beef councils ("QSBCs") receive a portion of the...
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