National Meat Association, v. Harris, et al., 132 S. Ct. 965 (U.S. Sup. 2012), rev'g and rem'g, National Meat Association v. Brown, et al., 599 F.3d 1093 (9th Cir. 2010)

(trial court granted preliminary injunction barring state of California from enforcing state law which became effective January 1, 2009, that bars selling of pork for human consumption derived from butchered hogs (under threat of criminal penalty) that are too sick to stand on their own and requiring immediate euthanization; trial court determined that Federal Meat Inspection Act (FMIA) preempts state law; federal law requires veterinarian to be on site at time of slaughter and prohibits slaughter of "downer" livestock; trial court order vacated on appeal - state law not preempted and all such animals must be immediately euthanized; states not simply limited to excluding animals from slaughter on a species-wide basis; on further review, U.S. Supreme Court unanimously reversed and remanded, holding that FMIA preempted application of state law against slaughterhouses subject to federal inspection).

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