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Foie gras producers and an acclaimed Los Angeles restaurant are asking the U.S. Supreme Court to take up their appeal of a Ninth Circuit Court ruling, which upheld California's wrongheaded foie gras ban. Hopefully, the Supreme Court will take the case because it could have lasting implications for the future of animal agriculture in America.
Whenever a claim is made that a state law has been prempted by an analogous federal law, the courts will rigorously test the strength of the claim. As as example, in a preemption case decided on September 15, by the U.S. Court of Appeals for the Ninth Circuit, Association des leveurs de Canards et d'Oies du Qubec, et al., v.
The 9th U.S. Circuit Court of Appeals ruled Friday that the state's law was not pre-empted by the federal government's authority to regulate poultry products. Animal rights activists had pushed through the ban because they say the process of making the pate involves cruel and inhumane force-feeding of animals.