Supreme Court Rules Checkoff Constitutional

May 23, 2005 — The U.S. Supreme Court today ruled that the beef checkoff is constitutional. In a 6-3 vote, the Court overturned an earlier ruling by the U.S. Court of Appeals for the Eighth Circuit that found the Beef Promotion and Research Act of 1985, which authorizes the checkoff, in violation of the First Amendment.

After months of litigation and hard-fought battles on both sides of the controversial issue, justices maintained the checkoff is a protected form of government speech, according to meatingplace.com.

Shortly after the ruling, industry organizations on both sides of the issue reacted to the news. Secretary of Agriculture Mike Johanns, expressed his pleasure with the ruling, saying, “This is certainly a win for the many producers who recognize the power of pooled resources.”

According to USDA, the mandatory beef checkoff — funded by an assessment of $1 per head collected every time cattle are sold — will continue uninterrupted as a result of today’s ruling.


— by Crystal Albers, Angus Productions Inc. assistant editor

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