[Rachel's introduction: In 1982, citizens of Nebraska voted to prohibit
corporations from farming in their state. Earlier this month, a group
of unelected judges voted to overturn the will of the Nebraska
citizenry and give corporations the same rights as the individual
humans who operate family farms.]
By Bill Hord
Lincoln, Nebraska --- A three-judge panel of the 8th Circuit Court of
Appeals in St. Louis today ruled that Nebraska's ban on corporate
farming is unconstitutional.
The panel upheld a ruling last year by U.S. District Judge Laurie Smith
Camp that struck down the ban, enacted as Initiative 300 (I-300) by
Nebraska voters in 1982.
I-300 has been considered the toughest restriction in the nation on
farming by non-family corporations. Its demise also could bring an end
to corporate farming bans in five other states.
Smith Camp had ruled that I-300 discriminated against out-of-state
investors by requiring that one member of a Nebraska family corporation
be involved in the day-to-day operation of the farm.
An appeal is nearly certain, said Nebraska Farmers Union president John
Hansen, one of the leading proponents of Initiative 300. "But that
decision has not been made yet," Hansen said. Hansen said the panel's
ruling was under review by the Attorney General's Office and other
lawyers who are involved as defenders of I-300.
Before Smith Camp's ruling last year, Initiative 300 had withstood
numerous court challenges over its 24-year life. "This is not a good
day," said Hansen.
The appeals panel upheld Smith Camp's determination that Initiative 300
violated a federal constitutional provision that limits how much states
can regulate interstate commerce.
An appeal would first go to the full 8th Circuit Court. If again upheld, an appeal would go to the U.S. Supreme Court.
The original case was brought by former State Sen. Jim Jones of
Eddyville and five others who said the ban restricted their right to
benefit from corporate business practices.
Nebraska Corporate Farming Ban Struck Down
-
From Rachel's Democracy & Health News #886
By Bill Hord
Omaha (Neb.) World-Herald, Dec 20, 2006
Straight to the Source