Posts Tagged Vilsack

Judge Rules in Favor of Amish in Animal ID Case

Note: Facts, the application for the grant money to operate the program requires that Wisconsin abide by the terms set forth under the Federal Register. In which the participation must be voluntary and a producer can op-out. The state has breached their contract and are subject to Federal Administrative Relief which may result in repayment of all grant moneys. The USDA also failed to provide warning to the state that it may be sued, under requirements of Article 1 Sec.8 Clause 1 regarding grants under the authority of the General Welfare Clause. See annotated Supreme Court rulings for details.

Paul M. Griepentrog

A decision has finally been made in the highly anticipated case in which the State of Wisconsin was trying to sue an Amish man for not following Wisconsin’s Livestock Premise Registration law. On Tuesday, Clark County Circuit Court Judge Jon Counsell ruled that Emanuel Miller Jr. of Loyal, Wisconsin does have a ‘religious right’ to be exempt from the law, which requires anyone who keeps, houses, or co-mingles livestock to register their premises with the state.

It was noted during court proceedings that the Amish do provide their names and addresses when they buy and sell livestock, and the judge said that doing so should be enough for the state to track down an animal in the event of a disease.

Prosecutors also cited a recent pseudorabies case in Clark County as an example of why the premises law is needed. But Judge Counsell said the state failed to show why alternatives, that would not affect Miller’s religious freedom, would not be just as effective.

The Amish believe the requirement infringes on their religious believes because it could eventually result in the tagging of all animals, or the ‘Mark of the Beast.’ But prosecutors felt with mandatory premise ID, the process of tracking down potentially at-risk farms would be much easier if there were an animal disease. The issue of “government ease” fell short in court to the issue of “religious rights.”

Meanwhile, Paul McGraw, the assistant state veterinarian with the Wisconsin Department of Agriculture’s animal health division says he expects the state to appeal the ruling. A case of this nature regarding a state case, is normally a wearing down of the accused, which judges also tire of.

The NAIS, requiring premises registration, was a program instigated by the USDA. Every state was offered “grant” funds as an incentive to enforce a full mandatory NAIS with arrests and fines for noncompliance. The Wisconsin Department of Agriculture, Trade and Consumer Protection has received over twelve million dollars to tighten the screws on all Wisconsin livestock producers. Their enforcements are the most ruthless of any state with many other pending cases. Their grant moneys are also the largest considering the number of livestock producers in the state.

Wisconsin has been used by USDA as an example of strict enforcements for the nation. Additionally increasing the weakened position of Wisconsin, national resistance to NAIS caused Sec. Vilsack on Feb. 5, to announce the NAIS program was discontinued. Without the backing of federal policy, judicial decisions by Wisconsin are predicted to be very problematic for the state. The Miller case is the first court decision since USDA withdrew the program.

On Feb 5 Vilsack stated that one of the reasons for terminating the NAIS program was that, “USDA had gotten a failing grade on NAIS” and that, “Terminating the program would help overcome some of the mistrust caused by NAIS.” It appears Dr. McGraw still has not arrived to where Sec. Vilsack is, serious work on the Wisconsin “mistrust” issue.

The case at one time was referred to as the state’s first such NAIS prosecution, until a Polk County judge ruled in October that Patrick Monchilovich of Cumberland violated the four-year-old rule after he refused to register his premises. He was ordered to pay a civil forfeiture and court costs. (This was before the USDA Feb. 5 announcement.)

McGraw and Wisconsin have been tossed under the bus by USDA and now Clark County Circuit Court Judge Jon Counsell just tossed them under a convoy of galloping Amish steel-wheeled buggies.

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NAIS ~~ Coming Soon, Mandatory Interstate Requirements


Ron DeHaven

Dr. W. Ron DeHaven is CEO of the American Veterinary Medical Assn.

USDA Sec. Vilsack announced during the morning of Feb. 5 that NAIS was over, ended, no more.

His customary emotionless announcement was fairly brief, but the detailed USDA Factsheet (Click here for factsheet) released simultaneously required seven pages of small print describing the animal ID “will do’s” and “won’t do’s”–all of which will be enforced at some future date in a to-be-determined manner.

The New York Times reported this based on information from an “unidentified USDA informant.”

At once thousands of emails flew from around the globe with nearly as much excitement outside the US as the home land.

Ranch and cattle producers smiled and nodded.

But it seems the victory may be short lived.

Now comes a lone government employee saying he cannot endorse Sec. Vilsack’s new announcement.

Dr. W. Ron DeHaven is CEO of the American Veterinary Medical Assn. The US veterinarian head count is 100,728 licensed practitioners; of which 930 are Federal Veterinarians, employed by APHIS, and 23 are Homeland Security staff veterinarians.

DeHaven has always been a verbal supporter of mandatory NAIS. He says Vilsack “… has been caving to this public resistance…”

DeHaven’s “public resistance” is the overwhelming majority of livestock producers who opposed the NAIS for a list of reasons that would choke a giraffe.

According to DeHaven, the mag-daddy of veterinarians, none of these “resistors” should have had any voice in the NAIS’s demise, and Secretary Vilsack should not have listened to them.

One gets the feeling he would like to see Vilsack go away, and himself take control.

Then again, DeHaven has shot his mouth off before, under oath. He showed his out-of-touch thinking March 11, 2009 when he testified to the House Committee on Agriculture as a hand picked presenter. He stated, “If the US is to remain competitive or grow export markets, an effective NAIS will be required.”

Evidently unknown to DeHaven, the US has been a net importer of beef for the last 21 years. Last year, the country exported $2,183,977,168 in beef and imported $4,857,454,008.

We haven’t produced enough beef to feed the nation in 21 years, yet DeHaven confidently testified that future exports are imperative.

USDA released their NAIS Fact Sheet February 5. It states:

“What is certain is that animal disease traceability will be required for animals moving in interstate commerce. . .To ensure interstate compatibility and connectivity, APHIS will work with States and Tribal Nations in establishing standards and guidelines where free or low-cost tags will be incorporated as options.”

DeHaven says the AVMA cannot endorse the Vilsack new approach:

“As I understand it, they will let each state and tribal nation more or less develop their own program? So, I’m concerned about interoperability between fifty or more different systems. Will one state be able to talk to another state as an animal moves through interstate commerce?”
DeHaven’s Audio: “Click Here

From this statement, it would appear DeHaven has never processed an interstate veterinarian animal health certificate.

Here is how it works, and has for every veterinarian’s lifetime:

  • An animal is sold into another state.
  • The state receiving the animal has “states rights” and determines the rules of entry.
  • The owner of the sold animal contacts their local veterinarian.
  • The vet has an “Entry Permit Acquisition Book” with phone numbers of every US state and tribe, provided by the USDA.
  • They call the state vet office of destination, talk to an authorized person, receive the required protocol, do what ever health tests are required for entry, complete a standard animal health certificate, receive a permit number to enter the state, and the critter is ready to travel.

This health certificate has four copies of different colors.

  • One copy goes with the hauler,
  • One stays with the local vet,
  • Two go to the state vet of origin, and
  • They forward one copy on to the receiving state vet.

The receiving state has a staff of people who check these incoming certificates every day, and may actually go and inspect the animals after arrival if they have concern.

It has always been required that a permanent ID be on each departing critter. This can be a:

  • Fire brand number,
  • Tattoo,
  • Cheap government metal ear clip,
  • OCV clip, or
  • Other approved ID.

This has been established and is already done.

No animals travel across state lines without ID and a health certificate, and nothing is new about that.

This is a system that has worked for a lifetime, and Vilsack understands the total cost to USDA is zero to continue this process.

This system has been used successfully during every major outbreak of livestock disease in our history.

Currently a huge weight of mistrust hangs over DeHaven, Vilsack, and the USDA. Vilsack says he is well aware of “. . .the downward confidence level NAIS has caused.”

The attempt to shove NAIS down the throat of every livestock producer in the U.S. will-not-be-forgotten, and the USDA may try to resurrect and rename it again–the Every Animal Traceability Tax, (EATT), or the No Cow Left Behind (NCLB)–but the results will be the same.

And another bureaucrat like DeHaven will stand up before some Congressional committee and pretend there is this huge, dangerous, animal disease mountain to climb and that without a NAIS, the food safety of the nation will be imperiled.

Hopefully, that bureaucrat will have enough sense to know we already have a successful interstate commerce system in place, and that all it takes for a producer to comply is to make a phone call to the destination state and do what the receiving state asks.

It’s that simple.

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USDA Pretends to Kill NAIS

USDA Signals NAIS is Dead

2/8/2010
Max Thornsberry

After a long-fought six-year battle, independent cattle producers have finally succeeded in stopping the National Animal Identification System (NAIS), which was an onerous plan conceived by the World Trade Organization (WTO) and promoted by the U.S. Department of Agriculture (USDA), domestic and multinational ear tag companies, as well as multinational meat packers and their closely aligned trade associations.

The battle was extremely lopsided. USDA had millions of dollars of taxpayer money — over $140 million to be precise — to develop and promote NAIS and to persuade state departments of agriculture and cattle industry trade associations to recruit as many independent cattle producers as possible into the ill-fated NAIS program. According to the Web site www.usaspending.gov, the National Cattlemen’s Foundation, part of the National Cattlemen’s Beef Association (NCBA), received over $2.1 million from the federal government in 2008 to promote NAIS.

Armed with millions of dollars and six years worth of joint government and processing-industry planning, how did NAIS get stopped?

The answer is that NAIS was stopped by the persistent, relentless pressure applied by a handful of non-conventional organizations that exclusively represented the interests of cattle farmers and ranchers, not the interests of the industrialized sectors of the U.S. beef supply chain. This was a David versus Goliath battle in which David won and the interests of independent cattle producers came out on top.

These recent victories by independent cattle producers, with far less political clout and economic power than their conventional beef industry trade association counterparts, strongly suggests that there remains a genuine reason for hope that independent cattle producers can reverse the present course of their industry — a course that is fast leading toward more and more corporate control over the U.S. cattle industry by beef packers that are capturing control over the live cattle supply chain, just as they have already captured control over both the poultry and hog supply chains.

The beef packers are now focusing their efforts on the feeding sector of the cattle industry by purchasing more and more feedlots (JBS recently purchased the nation’s largest feedlot company, Five Rivers Ranch Cattle Feeding, L.L.C.) and gaining increased control over the fed cattle market through the use of new cattle procurement tools, such as certain marketing agreements and formula-type contracts that effectively reduce the competitiveness of the fed cattle cash market.

As with every major policy issue victory, the real work begins now.

Now that NAIS has been scrapped, a new program needs to be developed to achieve improvements in the United States’ ability to quickly contain and control animal diseases. Independent cattle producers must remain directly involved in the development of this new program to ensure that it does not infringe upon their rights and privileges as did NAIS.

It is encouraging that when Agriculture Secretary Vilsack announced he was going to pursue a new approach to animal disease traceability, he also announced that the U.S. must strengthen its import controls to prevent the introduction of animal diseases at our borders. This is a high priority for independent cattle producers who intrinsically understand that we cannot continue importing diseases like BSE, bovine tuberculosis and brucellosis if we desire to maintain our industry’s reputation of producing the healthiest cattle in the world — a reputation that is the U.S. cattle industry’s competitive advantage in both the domestic market and the global market.

I encourage every cattle producer to take a new look at the relatively new organizations that have amassed uncanny successes for independent cattle producers despite seemingly impossible odds. Each of the organizations that brought us to where we’re at today is not likely to lead us in a new direction. But some of these new organizations will and they need your support to continue winning their fight to restore for the U.S. cattle industry the opportunity for U.S. cattle producers to maintain independent and profitable cattle-producing businesses all across the United States.

The future of the U.S. cattle industry is in your hands and will be determined by which organization you choose to support.

The NAIS that USDA was attempting to force down the throats of independent U.S. cattle producers, utilizing our own tax dollars, would have completely changed the way cattle farmers and ranchers do business.

While obtaining a premises ID number — the first step to a nationwide NAIS — required no effort, the second and third steps in the onerous WTO-mandated system would have been costly, difficult, and, I believe, would have generated rebellion on the range. Reporting the movement of every animal, once it left its birth farm of origin, was a completely unworkable system for producers, especially those operating in our most populous cow states, where the average cowherd size is 30 to 40 mother cows.

Imagine having to get your cattle in a chute, read the tags electronically, and report the numbers to USDA every time you moved a set of calves to another pasture, your Dad’s place, or sent a group of calves to the sale barn. Not only were you going to be required to read the tags electronically, but you were going to be required to report the tag numbers to the appropriate authorities within 48 hours of that movement, or you would be out of compliance and subject to enforcement fines: A range rebellion in the making, and completely unnecessary for a first world country like the United States.

At least for the time-being, the government has listened to the people. A spike has been driven into the heart of a one-world government’s dictatorial rule.

Maybe our Constitution is not dead?

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R-Calf Praises USDA for Decision to Abandon NAIS

For Immediate Release

February 8, 2010Contact:
Shae Dodson-Chambers, Communications Coordinator
Phone: 406-672-8969; e-mail: sdodson@r-calfusa.com

Group Praises USDA for Decision to Abandon NAIS

Washington, D.C. — In a letter sent Friday to Agriculture Secretary Tom Vilsack, R-CALF USA President/Region VI Director Max Thornsberry, a Missouri veterinarian, thanked the United States’ top agriculture official for his “receptiveness to the interests of U.S. cattle farmers and ranchers.” On Friday, Vilsack announced he was revising his agency’s prior policy on animal disease traceability and would begin developing a new approach. The U.S. Department of Agriculture’s (USDA’s) prior policy was the National Animal Identification System (NAIS), a policy vehemently opposed by R-CALF USA and its numerous state affiliates.

“The Secretary has signaled he is going back to the drawing board to develop a new system that does not infringe upon the rights and privileges of U.S. cattle farmers and ranchers as did NAIS,” Thornsberry said. “This is exactly what we’ve been urging USDA to do for the past five years. Our organization has expended considerable resources trying to put a halt to NAIS, and we’re pleased that our members’ efforts have finally come to fruition.”

Thornsberry said NAIS was conceived and supported by international trade organizations, ear tag manufacturers and multinational meatpackers, and was all about controlling cattle farmers and ranchers and cattle markets, not about controlling and preventing animal diseases.

“Friday’s announcement is a major victory for independent cattle producers, as it marks the first time in a very long time that USDA did not suppress the interests of cattle producers in order to accommodate the self-interests of the dominant meatpackers and their allies,” he said.

R-CALF USA Animal Identification Committee Chair Kenny Fox said that the 8-point plan R-CALF USA submitted last year to USDA as an alternative to NAIS fits within the new framework described by Vilsack on Friday. Fox also serves as president of the South Dakota Stockgrowers Association (SDSGA), one of R-CALF USA’s largest affiliate organizations.

“Our plan called for the control of disease-related animal identification databases to be vested with state and tribal animal health officials, flexibility in the use of preexisting animal identification devices such as brucellosis tags, no federally mandated premises registration and a renewed emphasis in preventing the introduction of diseases at our borders, all of which are consistent with what USDA announced on Friday,” said Fox.

Thornsberry said this victory was made possible by the thousands of U.S. cattle farmers and ranchers who stood steadfast against NAIS despite the millions of dollars that USDA provided to states and many conventional agricultural organizations in an attempt to enroll as many independent cattle producers as possible into the flawed NAIS system.

“I couldn’t be prouder of R-CALF USA and our state affiliates that never waivered an inch against the extreme pressure applied to our industry by USDA under the previous Administration, by the multinational meatpackers and by the conventional industry trade associations with close ties to both the meatpacking industry and ear tag manufacturers,” he emphasized

“The next step will be to actually help USDA develop the details of this new approach to animal disease traceability, and we will remain directly involved to ensure that the interests of our nation’s independent cattle producers continue to be addressed in this process,” Fox concluded.

# # #

R-CALF USA (Ranchers-Cattlemen Action Legal Fund, United Stockgrowers of America) is a national, non-profit organization dedicated to ensuring the continued profitability and viability of the U.S. cattle industry. R-CALF USA represents thousands of U.S. cattle producers on trade and marketin! g issues. Members are located across 47 states and are primarily cow/calf operators, cattle backgrounders, and/or feedlot owners. R-CALF USA directors and committee chairs are extremely active unpaid volunteers. R-CALF USA has dozens of affiliate organizations and various main-street businesses are associate members. For more information, visit www.r-calfusa.com or, call 406-252-2516.

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Jolley: USDA Tries Mouth-To-Mouth On NAIS

The Associated Press misreported this morning that “The USDA Abandons Stalled Animal ID Program.” A press release issued last Friday by the USDA hints at another fate.

Agriculture Secretary Vilsack announced that USDA will develop a new, flexible framework for animal disease traceability in the United States, and undertake several other actions to further strengthen its disease prevention and response capabilities.

Did you understand that statement? The USDA, after a 15 city listening tour last summer, has decided listening is highly overrated. They seemed to understand, acknowledging hearing “a wide variety of comments during the listening tour.”

A document on USDA web site said, “Some people were in favor of NAIS, but the vast majority of participants were highly critical of the program. Some of the concerns and criticisms raised included confidentiality, liability, cost, privacy, and religion. There were also concerns about NAIS being the wrong priority for USDA, that the system benefits only large-scale producers, and that NAIS is unnecessary because existing animal identification systems are sufficient.”

So they’re trying to re-invent the program, make it more palatable to people who signaled their willingness to stand at the farm gate, armed and dangerous, to prevent any part of a government mandated NAIS from creeping into their business.

If the USDA has trouble reading the tea leaves, let Lorrie Morgan explain it to you.

To be more specific, USDA Secretary Tom Vilsack said, “After concluding our listening tour on the National Animal Identification System in 15 cities across the country, receiving thousands of comments from the public and input from States, Tribal Nations, industry groups, and representatives for small and organic farmers, it is apparent that a new strategy for animal disease traceability is needed. I’ve decided to revise the prior policy and offer a new approach to animal disease traceability with changes that respond directly to the feedback we heard.”

What part of no don’t you understand?

The feedback he was talking about was clear, painfully so. Excruciatingly obvious. As plain as the nose on an anteater’s face.

It was “No. Not now. Not ever.”

Most every small farmer and rancher responded with the kind of “cold, dead fingers” response that would gladden the heart of Charlton Heston. Not to repeat myself but I attended two listening sessions; Jeff City and Omaha. The one lone pro-NAIS speaker in Jeff City never finished his spiel. Fearing for his safety, he fled a very hostile audience in mid-speech. The Omaha crowd wasn’t nearly as angry but their message was the same.

It was “No. Not now. Not ever.”

But an ever optimistic Vilsack announced these basic tenets of an ‘improved’ animal disease traceability program. The new plan will –

* Only apply to animals moved in interstate commerce;
* Be administered by the States and Tribal Nations to provide more flexibility;
* Encourage the use of lower-cost technology; and
* Be implemented transparently through federal regulations and the full rulemaking process.

“One of my main goals for this new approach is to build a collaborative process for shaping and implementing our framework for animal disease traceability,” said Vilsack. “We are committed to working in partnership with States, Tribal Nations and industry in the coming months to address many of the details of this framework, and giving ample opportunity for farmers and ranchers and the public to provide us with continued input through this process.”

May I call on Lorrie Morgan, again?

The USDA will convene a forum with animal health leaders for the States and Tribal Nations to initiate a dialogue about ‘possible ways of achieving the flexible, coordinated approach to animal disease traceability we envision.’ Let’s hope they invite all the stakeholders and be prepared to duck and cover.

Chuck Jolley is a free lance writer, based in Kansas City, who covers a wide range of ag industry topics for Cattlenetwork.com and Agnetwork.com.

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NAIS/Premises ID….FCLDF takes it to the courts

Written by: Marti Oakley – Proud Political Junkie’s Gazette


farmer3_deesA decision by U.S. District Judge Rosemary Collyer, located in the Washington District of Criminals, throwing out a lawsuit brought by Farm to Consumer Legal Defense Fund (FCLDF) asking the court to halt the implementation of NAIS, was based on her assertion that there is no federal law and/or, no federal regulation ordering the implementation of the National Animal Identification System (NAIS). FCLDF brought the suit asking for temporary injunctive relief……a move that was good in its intentions but obviously filed too early. As no law or regulation exists to authorize NAIS/Premises ID and the claims by USDA and Tom Vilsack go unsubstantiated despite repeated requests to produce the authority they claim, injunctive relief could not be granted as no law has been passed…yet,….although multiple legislative assaults are in the works.

I guess this statement in her opinion would answer the question posed to Tom Vilsack and other officials from the USDA, demanding to know under what authority or law NAIS is being implemented and is scheduled to become mandatory. Turns out, according to Judge Collyer…there is none. It would also answer the question as to why Mr. Vilsack nor the USDA will respond to the question or even acknowledge it has ever been asked.

It is apparent from this ruling there is no legal, lawful, legislative regulation or statute which allows, establishes or mandates NAIS. The USDA, using its so-called “rule-making” authority, which is nothing less than illegal law enacted by a non-elected bureaucracy, has simply been the tool to by-pass constitutional rights and liberties in an effort to expand the power and control of not only the agency itself, but also the federal government which has long since exceeded its Constitutional authority and power on many levels.

Since the court has ruled in this way, does this not make the bribes paid to state officials to “voluntarily” implement NAIS , euphemistically called [cooperative agreements]..an act of collusion? Wouldn’t this also make refusal to comply with state enacted mandates, for which the Judge herself has admitted, there is no lawful basis, a legal protection for farmers and ranchers? And would this not also include the prohibition on the SWAT team-like assaults being perpetrated in states like Wisconsin which accepted one of the USDA’s multi-million dollar bribes to do a test run on NAIS/Premises ID?

The judge also seemed not to be concerned about the impending loss of private property rights which is an intended result of NAIS/Premises ID; apparently having no judicial problem with livestock owners being referred to as [stakeholders, legally implying they have an interest in but are not the owners of their own property] and land owners relegated to the category of [tenants or managers] again removing them from the rightful legal ownership of the land.

Judge Collyer’s expert legal opinion went on to say that NAIS is “an identification and tracking program developed by the U.S. Department of Agriculture and adopted by state agriculture departments voluntarily”. This is a patently false statement by the court. USDA DID NOT develop the NAIS or Premises ID program. USDA is simply trying to codify into law Codex Alimentarius and all of its international regulations and standards of which NAIS/Premises Id is a key feature.

Again, paying bribes to state officials to implement what the Judge herself identifies as a non-existence law or regulation should have warranted the halting of any programs regardless of what non-elected agency had launched them into the public domain on behalf of Bio-tech and Codex Alimentarius.

“Collyer continued with….”They, however, completely fail to address Michigan state law, which authorizes the director of MDA to adopt programs such as NAIS compliance for cattle, and plaintiffs’ reliance on federal law is misplaced.” The Judge does not admit or allude to the fact that Michigan would not have enacted this law without federal interference or encouragement.

The Judge seemed not to consider that Michigan officials had illegally entered into an agreement with USDA, which was the catalyst for the Michigan law, and had accepted monetary assistance, cooperative funding or what is in my opinion, legalized bribery to do so.

The Judge seemed not to be aware of a precedence, (a judicial concept continually invoked by courts when their intended rulings are in conflict with actual law) or, as in this instance totally ignored by the court as it would have rendered the ruling void, which states:

“The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The Constitution of the United States is the supreme law of the land, and any statue, to be valid, must be in agreement. It is impossible for both the Constitution and a law violating it to be valid; one must prevail. This is succinctly stated as follows: The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted.”

“Since an unconstitutional law is void, the general principals follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it.. A void act cannot be legally consistent with a valid one.

An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby. No one is bound to obey an unconstitutional law and no courts are bound to enforce it.”

Sixteenth American Jurisprudence, Second Edition, Section 177. (late 2nd Ed. Section 256)

It seems apparent that precedence is only advantageous when it does not conflict with intended encroachment by the government or its agencies.

Although the above opinion is by far not the only opinion of the Courts regarding the illegality of states agreeing to the implementation of what are obviously assaults on constitutional rights and protections, it is the most powerful.

Kudos to Farm to Consumer Legal Defense Fund for having the courage to mount this lawsuit.

© 2009 Marti Oakley

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