How does this work?

[Big Muddy rancher]

After 3 hours of oral arguments, U.S. District Judge Richard Cebull granted a preliminary injunction staying the effective date of the Canadian rule. As a result, the planned March 7th reopening of the border with Canada will be put on hold until a final decision is reached. The Judge will issue a written opinion tomorrow explaining his rationale for the decision.

The American Meat Institute continues to await a ruling from Judge John Penn regarding its lawsuit seeking full restoration of trade in cattle and beef products with Canada. The Montana ruling has no legal impact on AMI's case.

 

[Mike]

Hope both cases don't go to the Supreme Court. That would only take about ten years.

 

[rkaiser]

:shock: News item implied that if AMI case is won, live animals may move into all states but Montana. Is that enough for the Montana cow police?

 

[Anonymous]

:shock: News item implied that if AMI case is won, live animals may move into all states but Montana. Is that enough for the Montana cow police?

By law thats sort of the way it could go- The judges ruling today covers the nation until an opposing ruling is issued in another district - If an opposing ruling is issued then it covers only the 9th Circuit court which is about 10 western states- If the AMI ruling comes out different the appeals court in either area will probably grant a full trial because of conflicting opinions...If those rulings conflict and it has to go further then it goes to the Supreme Court which usually takes 4-6 years to get a case in front of ......

A good example is the beef checkoff case- it has been ruled for and against in different court jurisdictions- been going on for years with still no decision-- The appeals court has allowed the status quo to continue until the final Supreme Court ruling.... A lot will depend on the pressure put on by the administration, which I think right now is looking for a way out...... Look good for R-CALF, NCBA, Farm Bureau, Farmers Union, some Big money packers on both sides ( blame it on the courts) , Canadian international political relations ( wherever they set after the latest snub)........... Still a lot of IF's...........

 

[mrj]

OT, just checked my copy of the transcript of the Beef Checkoff case in the Kornmann court in SD. It started in Jan. of 2002, and there will be a decision from the Supreme Court by the time this session ends at the end of June 2005.

Meanwhile, the beef industry in both countries suffers from delay of return to a normal business process as advisable with the science available and protocols followed on BSE.

MRJ

 

[SMS]

Wow, someone else finally is asking the same question as i have been for last couple weeks...If both AMI and RCalf win, who trumps who?

 

[Anonymous]

OT, just checked my copy of the transcript of the Beef Checkoff case in the Kornmann court in SD. It started in Jan. of 2002, and there will be a decision from the Supreme Court by the time this session ends at the end of June 2005.

Meanwhile, the beef industry in both countries suffers from delay of return to a normal business process as advisable with the science available and protocols followed on BSE.

MRJ

MRJ- Actually the first suit was filed by Charters in Aug. 2001- and thats after several years of court hearings and rulings on their refusal to pay---but whats 4 or 5 months when you're talking a possibility of 4 or 5 years...........