9th Circuit Ruling Encourages 'Future Short-Circuiting of Democratic Process,' VanDyke Says
Dissenting in part from two other Republican-nominated Ninth Circuit judges, Judge Lawrence VanDyke said the majority's decision in a case challenging California's force-fed foie gras ban "blesses an outcome that the political officials may not have had the political will to enact."
May 06, 2022 at 06:46 PM
4 minute read
Lawrence VanDyke testifies before the Senate Judiciary Committee during his confirmation hearing to be U.S. Circuit judge for the U.S. Court of Appeals for the Ninth Circuit, on Oct. 30, 2019. Photo: Diego M. Radzinschi/ALM A Trump-appointed circuit judge said a majority appeals court ruling Friday in a case challenging California's ban on the in-state sale of force-fed foie gras could undermine political accountability.
In a footnote of his partial dissent in the case, Judge Lawrence VanDyke of the U.S. Court of Appeals for the Ninth Circuit said the majority panel's decision to reject claims from foie gras sellers alleging federal law preempts the ban "encourages future short-circuiting of the democratic process by the political branches (whether intentional or not)."
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