The California law banning the forced feeding of duck and geese to produce foie gras is yet another California law that attempts to supersede federal law. In this foie gras case, the judge ruled, perhaps against his beliefs, that the federal Poultry Products Inspection Act preempts the California Health and Safety Code, Section 25982.
These California laws are contrary to the supremacy clause of the U.S. Constitution. Thus, they will be stricken. California Attorney General Kamala Harris will appeal this district court’s ruling to the 9th Circuit Court of Appeals, and if possible, to the U.S. Supreme Court. California has an extremely high loss-to-win ratio in U.S. courts. These legal antics are costly to taxpayers and burden the federal judicial system.
Animal-rights advocates should be in Washington, D.C., and not in Sacramento, to obtain federal legislation that will prevent these abuses. Harris may soon be in Washington, D.C., as a California senator. There she can confront the poultry industries and its lobbies, instead of losing cases in the federal courts.