Summary of a Recent
Judicial Development in
Checkoff Programs

United States Supreme Court Grants
Certiorari to Beef Checkoff Case

Harrison M. Pittman
Staff Attorney

In Veneman v. Livestock Ass'n, No. 03-1164, 2004 WL 303634 (U.S. May 24, 2004) and Veneman v. Livestock Ass'n, No. 03-1165, 2004 WL 303635 (U.S. May 24, 2004), the United States Supreme Court granted certiorari on a limited basis to determine the constitutionality of the Beef Checkoff Program. The matter is on appeal from Livestock Marketing Ass'n v. Veneman, 335 F.3d 711 (8th Cir. 2003), aff'g Livestock Marketing Ass'n v. Veneman, 207 F.Supp.2d 992 (D. S.D. 2002). For a summary of Livestock Marketing Ass'n v. Veneman, 335 F.3d 711 (8th Cir. 2003), see http://www.nationalaglawcenter.org/assets/cases_livestockmarketing.html.

The Cattlemen's Beef Promotion and Research Board reports that the Court is expected to consider the case during its next full term, which begins in October of 2004 and that a decision could be rendered anytime between October 2004 and June 2005. See http://www.beefboard.org/dsp/dsp_content.cfm?locationId=1054&contentTypeId=2&contentId=2650. The Board also reports that the Beef Checkoff Program will remain in place while the matter is on appeal. See id.

The case was decided on May 24, 2004; this summary was posted June 10, 2004.