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Association des Éleveurs de Canards et D’oies du Quebéc v. Bonta

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
22-472 9th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether a state may avoid express ingredient preemption under the Poultry Products Inspection Act by banning the sale of poultry products based on the only way their primary ingredient can be produced; (2) whether a state law that makes it physically impossible to produce and sell a poultry product in compliance with both state and federal law is preempted under the doctrine of impossibility preemption, or whether a state may avoid preemption under the “stop-selling” rationale this court rejected in Mutual Pharmaceutical Co. v. Bartlett; and (3) whether a state’s sales ban of wholesome poultry products based exclusively on the farming practice by which the animals were raised in other states and countries violates this court’s dormant commerce clause doctrines.

DateProceedings and Orders (key to color coding)
Sep 14 2022Application (22A242) to extend the time to file a petition for a writ of certiorari from September 29, 2022 to November 14, 2022, submitted to Justice Kagan.
Sep 20 2022Application (22A242) granted by Justice Kagan extending the time to file until November 14, 2022.
Nov 14 2022Petition for a writ of certiorari filed. (Response due December 19, 2022)
Dec 01 2022Motion to extend the time to file a response from December 19, 2022 to February 2, 2023, submitted to The Clerk.
Dec 05 2022Motion to extend the time to file a response is granted and the time is extended to and including February 2, 2023.
Dec 09 2022Brief amicus curiae of Atlantic Legal Foundation filed.
Dec 19 2022Brief amicus curiae of Republic of France filed.
Dec 19 2022Brief amici curiae of Reason Foundation, et al. filed.
Dec 19 2022Brief amicus curiae of U.S. Poultry & Egg Association filed.
Dec 19 2022Brief amicus curiae of Conseil de la Transformation Alimentaire du Québec filed.