United States Eighth Circuit

Question of whether Iowa Code section 9H.2, regulating pork and beef processors' activities, violates the dormant Commerce Clause was not mooted by 2003 amendment to that section; remanded to determine whether the new section unconstitutionally discriminates against interstate commerce; if the discrimination is only incidental, the court must determine whether the burden on commerce is clearly excessive in relation to the putative local benefits.

Appellate Information

• Decided 05/21/2004
• Published 05/21/2004

Judges

• RILEY, Circuit Judge., Before RILEY, HEANEY, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Gordon Eugene Allen, argued, Deputy Attorney General, Des Moines, IA (Stephen H. Moline, Assistant Attorney General, Des Moines, IA, on the brief), for appellant., Eldon L. McAfee, argued, for amicus curiae parties Pork Producers Association, Iowa Farm Bureau Federation and Iowa Farmers Union (Michael A. Wunn, on the amicus brief)., Susan E. Stokes and David R. Moeller of St. Paul, MN, representing Iowa Citizens for Community Improvement, Missouri Rural Crisis Center, Land Stewardship Project, Illinois Stewardship Alliance, Citizens Action Coalition of Indiana, Campaign for Family Farms, and National Family Farm Coalition, for Amicus curiae briefs., A brief amicus curiae was also filed by attorney Wallace L. Taylor of Cedar Rapids, IA, representing Christopher Bedford and Lori Sokolowski., All amicus brief were filed in support of Appellant Thomas J. Miller.


• For Appellees:
  
• E. Duncan, Richmond, VA, argued on behalf of appellee Smithfield Foods, Inc., and Murphy Farms, L.L.C (on the briefs for Smithfield and Murphy were Richard Cullen of Richmond, VA and Harold N. Scheenbeck of Des Moines, IA). Appearing on the brief for Prestage-Stoecker Farms, Inc., was Robert P. Malloy of Godfield, IA.