National Meat Assn. v. Harris (10-224)

argument 10-224

National Meat Assn. v. Harris

Supreme Court of the United States 59 min 7 speakers 8 chapters transcribed 5 days ago official recording ↗
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What is the central dispute between the National Meat Association and the State of California?

John G. Roberts 0:02
We'll hear argument first this morning in case ten two two two four, National Meat Association versus Harris. Mr. Wells?
Thomas C. Goldstein 0:09
Mr. Chief Justice, and may it please the court. Congress has unmistakably ordained that one set of rules govern animal handling and treatment, inspection, and determinations of meat quality for sale at federally inspected slaughterhouses from California to Maine. And those rules kick in at the slaughterhouse gate. And they continue through the sale of the meat by the slaughterhouse. California has enacted its own set of rules regarding non ambulatory animals. Rules which were intended to be and are different than and in addition to the federal rules regarding the handling of nonambulatory animals. Where federal law sets requirements for receipt and allows for receipt if the um if those rules are followed.
Thomas C. Goldstein 0:53
California law bans receipt of the animals altogether.
Antonin Scalia 0:56
What about purchase? What about what about the contract to purchase? The California law addresses that. Do you con do you contend that that is preempted as well? We we do, Your Honor. And
Thomas C. Goldstein 1:09
Justice Scalia, the reason that the reason that we do is because to the extent that purchase is um is even relevant with respect to a federally inspected slaughterhouse, I think all the parties agree that it occurs on or after the receipt. So it is part of the operational process.
Anthony M. Kennedy 1:27
What if it weren't? What if it took place at an auction site apart from the slaughterhouse?
Thomas C. Goldstein 1:34
Um well Justice Kagan, I because the scope of the FMIA starts at the gate of the slaughterhouse and ends with sale. California, I think, could regulate uh and not ha not have its regulation be expressly preempted if it attempted to um uh prevent purchase before the purchase occurred. Or
Antonin Scalia 1:54
contract to purchase. I mean if the contract to purchase is made apart from the slaughterhouse itself. They they could make it unlawful for the uh the person who raises the animals to sell them when they're non ambulatory and uh uh unlawful for the slaughterhouse. to contract to buy them, right? So long as the contract is off the premises.
Thomas C. Goldstein 2:17
So long as the so long as the contract so long as the title didn't pass, Your Honor, or the um it didn't uh i interfere with what happens on the premises, from the gate through sale, then I believe that would not be expressly preempted by um by federal law. There could be implied preemption issues, however, uh in that circumstance.
Elena Kagan 2:36
So you're Your position is if the contract for purchase uh is consummated. in some way on premises that's preempted. Um and so your answer to Justice Kagan and Justice Scalia is that if the purchase contract occurs before The animals arrive at the gate. of the slaughterhouse that that would not be preempted.
Thomas C. Goldstein 3:04
Not be expressly preempted. Again, there may be implied preemption issues, but if the law I think it um Your Honor, if the law is intended to Well your
Elena Kagan 3:12
whole argument is on express preemption.
Thomas C. Goldstein 3:14
Yes, Your Honor.
Elena Kagan 3:14
Absolutely.
Thomas C. Goldstein 3:17
Before we we have not raised that argument before this Court. That is correct.
Elena Kagan 3:21
Please tell me why you think i the sale of the meat is expressly preempted. Your Solicitor General says it's a closer question on sale of the meat. Because the slaughterhouse process is um the law is involved only with the operations and ma of the premises and manner of slaughtering. And has nothing to do with sales. So why is the sale of the meat preempted?
Thomas C. Goldstein 3:48
Um, Your Honor, sale is a it is a practical step. Um and the word operations as used in six seventy eight, I think all the parties agree. It encompasses all the practical steps of the slaughterhouse. Sale clearly is the last practical step to which all other practical steps are directed. So it is an operational step. It would be news to the slaughterhouses that sales is not a part of their operations. So
Elena Kagan 4:14
how about there is a law that says you can't slaughter cats, dogs. or horses. Or you can't sell. Cats, horse dogs, or horses for slaughter. Or for consumption.
Thomas C. Goldstein 4:32
Is that preempted? Um it it would be well with respect to cats and dogs, the answer would be no, because those are not amenable species that are subject to inspection at a federally inspected slaughterhouse.

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