“This is an important case regarding the application of the clear preemption provisions of the Federal Meat Inspection Act, which were disregarded by the Court of Appeals,” the association said in a statement. NMA is seeking injunctive relief against section 599f California law, which would eliminate the ability of Federal inspectors to conduct ante-mortem inspections of non-ambulatory swine.
“The Supreme Court has followed a particularly careful approach in granting NMA’s petition for review. The Court decided only after requesting and obtaining the views of the Solicitor General of the United States, who advised the Court that the Ninth Circuit's decision was in error. NMA looks forward to the Court's review of this important question,” it stated.