Johanns v. Livestock Marketing Assn. - 03-1164 (2005)



544 U. S. ____ (2005)
JOHANNS V. LIVESTOCK MARKETING ASSN.
544 U. S. ____ (2005)
SUPREME COURT OF THE UNITED STATES
NOS. 03-1164 AND 03-1165

MIKE JOHANNS, SECRETARY OF AGRICULTURE, et al., PETITIONERS

03–1164   v.

LIVESTOCK MARKETING ASSOCIATION et al.

NEBRASKA CATTLEMEN, INC., et al., PETITIONERS

03–1165   v.

LIVESTOCK MARKETING ASSOCIATION et al.

on writs of certiorari to the united states court of appeals for the eighth circuit

[May 23, 2005]

   Justice Ginsburg, concurring in the judgment.

   I resist ranking the promotional messages funded under the Beef Promotion and Research Act of 1985, 7 U. S. C. §2901 et seq., but not attributed to the Government, as government speech, given the message the Govern- ment conveys in its own name. See, e.g., U. S. Dept. of Health and Human Services and U. S. Dept. of Agriculture, Dietary Guidelines for Americans 2005, pp. 69, 30, available at http://www.healthierus.gov/dietaryguidelines/ dga2005/document (as visited May 18, 2005, and available in Clerk of Court’s case file) (noting that “[t]rans fatty acids … are present in foods that come from ruminant animals (e.g., cattle and sheep)” and recommending that Americans “[l]imit intake of fats and oils high in saturated and/or trans fatty acids”); post, at 9, n. 7 (Souter, J., dissenting). I remain persuaded, however, that the assessments in these cases, as in United States v. United Foods, Inc., 533 U. S. 405 (2001), and Glickman v. Wileman Brothers & Elliott, Inc., 521 U. S. 457 (1997), qualify as permissible economic regulation. See United Foods, 533 U. S., at 425 (Breyer, J., dissenting). For that reason, I concur in the judgment.



Official Supreme Court caselaw is only found in the print version of the United States Reports. Justia caselaw is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.