Welcome to the Department of Justice, Iowa Attorney General Tom Miller

For immediate release - Friday, May 21, 2004

Contact 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.


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