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Association des “leveurs de Canards et D’oies du Queb”c v. Bonta

Petition for certiorari denied on May 22, 2023

Docket No. Op. Below Argument Opinion Vote Author Term
22-472 9th Cir. N/A N/A N/A N/A OT 2022

Issue: (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.