Initiatives and Referendums

Displaying 31 - 40 of 88
Titlesort descending Summary
Humane Society of United States v. State

On May 13, 2011, Animal Welfare Organizations sought a declaratory judgment against the State of Missouri and the Missouri Department of Agriculture stating that Senate Bill (SB) 795 violated the Missouri Constitution by amending a bill to change its original purpose.  The trial court found the Animal Welfare Organization's cause of action was moot and granted the State and the State Department's motion for summary judgment. On appeal, in an en blanc opinion, the Missouri Supreme Court found the repeal and reenactment of § 273.327 in SB 161 rendered moot any decision as to whether SB795 was properly enacted. The lower court's decision was therefore affirmed.
ID - Initiatives - HJR2 (right to hunt) This proposed amendment would provide that the rights to hunt, fish and trap are a valued part of Idaho's heritage and would preserve these rights for the people of Idaho and manage these rights through the laws of the state. This amendment specifies that hunting, fishing and trapping shall be a preferred means of managing wildlife. This amendment does not create a right to trespass or affect rights to divert or appropriate water. This amendment also will not prevent the suspension or revocation of licenses issued by the state for hunting, fishing or trapping. The measure was passed by 73.4% of voters.
IN - Initiatives - Question 1, Right to Hunt and Fish Amendment
In re Farm Sanctuary, Inc. and Gene Bauston, President
In the MATTER OF the TITLE, BALLOT TITLE AND SUBMISSION CLAUSE FOR 2021-2022 #16 Opponents of an initiative in Colorado petitioned for a review of the Ballot Title Setting Board's decisions regarding the initiative's title, ballot title, and submission clause. The initiative proposed to amend the state's criminal animal cruelty statutes by ending certain exemptions for livestock, creating a safe harbor for their slaughter with certain conditions, and expanding the definition of "sexual act with an animal." The opponents alleged that the initiative violated the single subject requirement by covering multiple subjects. The Supreme Court reviewed the case and found that the central focus of the initiative was to extend animal cruelty statutes to cover livestock. The initiative's safe harbor provision for the slaughter of livestock did not violate the single subject rule. The initiative's expansion of the definition of "sexual act with an animal" violated the single subject rule. The Court reversed the lower court's decision.
Indiana v. Massachusetts A coalition of multiple states filed a lawsuit against Massachusetts in the U.S. Supreme Court. Thirteen states, Indiana, Alabama, Arkansas, Louisiana, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, Texas, Utah, West Virginia, and Wisconsin, filed suit against the state of Massachusetts in response to the animal welfare laws created by Massachusetts Question 3. The states claimed to have direct standing to challenge the Massachusetts law because state agencies and instrumentalities own and operate farms that are subject to the Massachusetts law and wish to continue to sell products to other states, including Massachusetts. The states also claimed parens patriae standing on behalf of farmers and consumers within their borders that would be affected by the Massachusetts law. The plaintiff states filed suit in the U.S. Supreme Court requesting that the Court declare the Massachusetts law unconstitutional. The Court denied the motion for leave to file a bill of complaint because hearing the case would not be an appropriate use of the Court’s original jurisdiction. The Court stated that, in order to resolve plaintiff’s challenge and address the issues of standing and the merits of the case, the Court would need to resolve complex factual disputes. The Court reasoned that such disputes are better suited to resolution in federal district court, not the U.S. Supreme Court.
Initiative and Referendum Institute v. Herbert


Motion of Western Wildlife Conservancy, et al., for leave to file a brief as amici curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.
Initiative and Referendum Institute v. Walker


Several plaintiffs - including six wildlife and animal advocacy groups, several state legislators and politicians, and more than a dozen individuals - bring a facial First Amendment challenge to the Utah constitution supermajority requirement for initiatives related to wildlife management. District court held the plaintiffs had standing, but dismissed the claims on their merit. On appeal, the court affirmed the lower court's decision.
Iowa Pork Producers Association v. Bonta The Iowa Pork Producers Association, an organization that represents Iowa-based industrial pig farmers, filed a lawsuit in federal district court alleging that California’s Proposition 12 is unconstitutional. Proposition 12, a ballot measure that California voters passed in 2018, mandates that pregnant pigs must be housed with a certain amount of space in order for products made from such livestock to be sold in California. Proposition 12 also bans the sale of pork meat from producers that do not comply with the housing requirements, including sales from out of state producers. Plaintiff contended that Proposition 12 violates the dormant commerce clause in that it discriminates against interstate commerce, directly regulates extraterritorial conduct, and that even if it regulates evenhandedly to effectuate a legitimate local public interest, the burden imposed on commerce is clearly excessive in relation to the putative local benefits. The court looked to the purpose of Proposition 12, which is intended to prevent animal cruelty by phasing out extreme methods of farm animal confinement, which also threaten the health and safety of California consumers, and increase the risk of foodborne illness and associated negative fiscal impacts on the state of California. The court found that this purpose is not discriminatory, and that there is no hint of economic protectionism. The court also found that there is no discriminatory effect, as the statute treats all producers the same by imposing the same requirements. The court also denied the extraterritoriality claim because Proposition 12 is not a price control or price affirmation statute and, therefore, does not directly regulate extraterritorial economic conduct. The court also found that the burden imposed on commerce was not clearly excessive in relation to the putative local benefits. The court’s precedent states that even if producers will need to adopt a more costly method of production to comply with Proposition 12, such increased costs do not constitute a substantial burden on interstate commerce, and higher costs to consumers do not qualify as a substantial burden on interstate commerce. The district court dismissed the case, holding that plaintiffs failed to raise serious questions as to the merits of the claims.
KS - Initiatives - Amendment 1, Right to Hunt and Fish (2016)

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