United States Ninth Circuit

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Association Des Eleveurs De Canards v. Harris, 12-56822

The district court properly denied a motion to preliminarily enjoin the State of California from enforcing California Health & Safety Code section 25982, which bans the sale of products that are the result of force feeding birds to enlarge their livers beyond normal size, where: 1) the district court properly denied Eleventh Amendment immunity to the Attorney General; 2) the State of California and Governor Brown are dismissed because they are immune from suit; 3) the only product covered by section 25982 at issue in this appeal is foie gras; and 4) the district court did not abuse its discretion when it concluded that plaintiffs failed to raise serious questions concerning their Due Process Clause challenge and that section 25982 did not discriminate against interstate commerce or directly regulate interstate commerce.

Appellate Information

  • Decided 08/30/2013
  • Published 08/30/2013

Judges

  • PREGERSON

Court

  • United States Ninth Circuit

Counsel