After hearing both sides of the argument in July, a North Dakota judge recently struck down the state law that governs nominations to the North Dakota Beef Commission, calling it unconstitutional.
According to reporting by Jack Dura from the North Dakota Monitor, South Central District Judge Jackson Lofgren ruled Friday that granting nominating power exclusively to select private trade organizations like the North Dakota Stockmen’s Association, creates an arbitrary and illegal “closed class.” Lofgren wrote that only giving certain organizations the ability to nominate puts undue power on these organizations, without explicit qualifications listed in the law.
The legal challenge was brought by three independent cattlemen with the Ranchers Rights Initiative, who argued the law showed unconstitutional favoritism toward certain private associations.
The state’s argument asserted that the challengers’ claims lacked legal standing and that the law applied equally to everyone. Despite this, Judge Lofgren ruled mostly in favor of the challengers, aside from a dispute on eligibility requirements and checkoff refunds.
Thus, the commission and the beef checkoff program remain intact, but the ruling opens up the nomination process for future Beef Commission appointments to all cattle producers across the state.
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