United States Seventh Circuit

In a challenge to an Illinois law banning the production, import or export of horsemeat for human consumption, denial of a preliminary injunction for the owner of a horse slaughterhouse is affirmed and the suit dismissed where the Illinois statute: 1) was not preempted by the federal Meat Inspection Act; 2) did not violate the Commerce Clause; and 3) did not unduly curtail foreign commerce so as to threaten the federal government's monopoly on the nation's foreign relations.

Appellate Information

• Argued 08/16/2007
• Decided 09/21/2007
• Published 09/21/2007

Judges

• POSNER, Circuit Judge., Before EASTERBROOK, Chief Judge, and POSNER and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• J. Philip Calabrese (argued), Squire Sanders & Dempsey, Cleveland, OH, for Plaintiffs-Appellants., Robert C. Pottinger, Barrick, Switzer, Long, Balsley & Van Evera, Rockford, IL, for Amicus Curiae.


• For Appellees:
  
• John E. Farrell, DeKalb County State's Attorney's Office, Sycamore, IL, Mary E. Walsh (argued), Office of the Attorney General, Civil Appeals Division, Chicago, IL, for Defendants-Appellees.