immediate release - Friday, May 21, 2004
Bob Brammer - 515-281-6699.
Statement of Attorney General Tom Miller
Eighth Circuit Court of Appeals Decision in Smithfield Foods Case
Statement of the Attorney General's Office:
We are very pleased with today's decision. The Eighth Circuit Court of Appeals vacated the District Court's summary
judgment that Iowa's packer ban statute (9H.2) violated the dormant Commerce Clause of the U.S. Constitution. The
appellate court remanded the case to the lower court for discovery and full consideration of whether 9H.2
unconstitutionally burdens interstate commerce.
We look forward to a trial where we can present evidence to the District Court demonstrating that Iowa's statute
regulating meat packers' involvement in livestock production does not unconstitutionally discriminate against interstate
commerce and that any burden on interstate commerce is clearly outweighed by the benefits to producers and consumers.
Attorney General Home | News Release Home