Fifth Reinstates Texas Ban on Horse Meat
Saturday, January 20th by Robert LoblawEmpacadora de Carnes v. Curry, 05-11499 (5th Cir., Jan. 19, 2007)
We all know Texans love their beef. But horse meat? Not so much. Two Texas slaughterhouses learned this the hard way, when the state’s Attorney General informed them that their business of processing and selling horse meat for human consumption violated Texas law. The slaughterhouses sued, alleging that the 1949 law at issue had been repealed or, alternatively, that it ran afoul of federal law.
The district court agreed and enjoined the state from enforcing the law against the slaughterhouses. On appeal, the Fifth Circuit reverses. In the second significant preemption decision this week, the Court concludes that the horse meat ban is not preempted by the Federal Meat Inspection Act, nor does it violate the Dormant Commerce Clause. The Court also rejects the argument that the state law has been repealed. Thus, the two slaughterhouses will have to shutter their horse meat operations, which leaves Illinois as the only remaining state still exporting horse meat for human consumption.
Judge Benavides’ opinion wins my vote for best opening line of the month: “The lone cowboy riding his horse on a Texas trail is a cinematic icon. Not once in memory did the cowboy eat his horse, but film is an imperfect mirror for reality.” In a footnote, he adds that “thieves would occasionally eat the cowboys’ horses.”
August 7th, 2007 at 7:47 am
[…] the Commerce Clause. Although this is a not necessarily good argument, particularly insofar as the Fifth Circuit recently rejected an identical argument, Cavel’s challenge is “good enough” to justify a stay when coupled with irreparable […]