U.S. Supreme Court upholds constitutionality of beef checkoff

Washington-The U.S. Supreme Court denied without comment Kansascattleman and order buyer Jerry Goetz's request for appeal in his claimthat he should not have to pay the $1-per-head beef checkoff.

Goetz alleged that the beef checkoff program is unconstitutional.

The Supreme Court's refusal to hear the case is the second time the highcourt has refused to hear Goetz's appeal from a 1998 determination by theU.S. Court of Appeals that found the beef checkoff program to be constitutional,reports the National Cattlemen's Beef Association (NCBA).

"The decision not to hear the appeal is appropriate and good newsfor beef producers who have invested in the beef checkoff program and thesuccessful 'Beef. It's What's For Dinner.®' promotion campaign,"says Lynn Cornwell, Montana cattle producer and president of NCBA. "Itseems to send a clear message to those who are trying to take away the industry'sonly self-help promotion and marketing program. We believe the checkoffis constitutional."

Goetz filed the latest request for appeal with the Supreme Court on Aug.9, 2001, following previous rejections by the Federal District Court inKansas, the 10th Circuit and the Supreme Court in 1999. Goetz argued thatthe April 2001 ruling against him by the10th Circuit Appeals Court shouldbe vacated and reconsidered in light of the Supreme Court's June 2001 rulingin United States vs. United Foods, Inc. involving the Mushroom PromotionAct. The United Foods case considered the constitutionality of advertisingconducted through the mushroom industry's checkoff program, which is writtenand administered differently than the beef checkoff program, NCBA reports.

The battle against the beef check off program is also being waged bythe Livestock Marketing Association (LMA).

A hearing in LMA's lawsuit challenging the constitutionality of the beefcheckoff program was scheduled for late December in Aberdeen, S.D.