Latest 2 Cases This Week: American Anti-Vivisection Society v. United States Department of Agriculture (D.C. Cir.), Dancy v. Mississippi (Miss.)

The Intra-Party Fight Among the Democratic Candidates Is Necessary and Healthy

NEIL H. BUCHANAN

UF law professor and economist Neil H. Buchanan explains why the Democratic presidential candidates attacking each other over policy differences and other issues rather than unifying to oppose President Trump in the general election. Buchanan argues that, perhaps illogically, the infighting is essential and a healthy part of the process.

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American Anti-Vivisection Society v. United States Department of Agriculture

Court: US Court of Appeals for the District of Columbia Circuit

Docket: 19-5015

Opinion Date: January 10, 2020

Judge: David S. Tatel

Areas of Law: Animal / Dog Law, Government & Administrative Law

The DC Circuit reversed the district court's grant of the USDA's motion to dismiss, based on failure to state a claim, an action brought under the Administrative Procedure Act (APA) by two animal-rights groups, alleging that the agency's failure to issue standards governing the humane handling and care of birds not bred for use in research amounted to arbitrary and capricious action. The court held that the Coalition has alleged facts sufficient to establish Article III standing, and thus the court need not consider whether the Anti-Vivisection Society too has standing. On the merits, the court held that the Coalition has adequately alleged that USDA has failed to take a discrete agency action that it is required to take. In this case, the Animal Welfare Act was amended eighteen years ago to require USDA to issue standards governing the humane treatment, not of animals generally, but of animals as a defined category of creatures including birds not bred for use in research. USDA has conceded that its general animal-welfare standards are inadequate to ensure the humane treatment of birds, and USDA has yet to fulfill its statutory responsibility to issue standards regarding the humane treatment of birds. Because the issue of whether such action has been unreasonably delayed has been unbriefed, the court remanded for the district court to consider it in the first instance.

Dancy v. Mississippi

Court: Supreme Court of Mississippi

Citation: 2018-KM-01409-SCT

Opinion Date: January 16, 2020

Judge: Chamberlin

Areas of Law: Animal / Dog Law, Constitutional Law, Criminal Law

In 2017, the Union County Sheriff’s Department seized six horses, four cats and three dogs belonging to Michael Dancy. The Justice Court of Union County found Dancy guilty of three counts of animal cruelty and ordered the permanent forfeiture of Dancy’s animals. Dancy appealed to the Circuit Court of Union County, where a bench trial was held de novo. The circuit court ordered that the animals be permanently forfeited and found Dancy guilty of three counts of animal cruelty. The circuit court further ordered Dancy to reimburse the temporary custodian of the horses $39,225 for care and boarding costs incurred during the pendency of the forfeiture and animal-cruelty proceedings. Aggrieved, Dancy appealed to the Mississippi SUpreme Court. Finding the forfeiture and reimbursement orders supported by substantial evidence, the Supreme Court affirmed. Furthermore, the Court found the circuit court did not abse its discretion in allowing a veterinarian testify for the State. The Supreme Court affirmed Dancy’s conviction under Section 97-41-7, and Section 97-41- 16(2)(a) that coincided with Union County Justice Court Arrest Warrant 7036216. However, the Court found Section 97-41-16(2)(a) made Dancy’s cruelty to his dogs and cats one offense. As a result, Dancy’s second conviction under Section 97-41-16(2)(a) that coincides with Union County Justice Court Arrest Warrant 7036219 was vacated.