Truly Eggciting News from Fresno, Federal District Court, Missouri sues California over HHH (Humane Housing for Hens) as the Chicken Coop Wars begin in Fresno)

The bottom line to what follows is that: Chris Koster’s act in bringing suit on behalf of Missouri Chicken Producers against California for its Draconian Laws regulating Egg production exemplifies what Constitutional Law has become in the United States: the struggle over how “in how much detail shall the government control every aspect of life on earth.”  Nothing about human freedom or the original intent of the Constitution or Bill of Rights is anywhere NEAR as mainstream as this suit about the dormant or “negative commerce clause” which restricts what states can do to each other by way of the regulation of goods which truly do cross state boundaries in interstate business. 

There is so much that one could say about this news item and the new lawsuit filed underlying the news item.  You see, Human Beings are still being turned out of their homes in record numbers by residential home foreclosure, and so it is refreshing to see that an extremely well-framed and superbly presented lawsuit has been filed in the US Eastern District regarding the Constitutional Right to decent housing…. Trouble is, the Constitutional Rights to Housing at Issues are those which belong, if they exist at all to CHICKENS (laying Hens, to be precise—do I see a future sex discrimination issue here?)  Yes indeed, Fresno is a REALLY EGGCITING PLACE THESE DAYS.  Yes indeed it is, because it is the site of the latest Eggsample of the “Fruits and Nuts” madness which is the state of California colliding with the legal and value systems of other states.   Let me make this clear: I am not taking a position against humane conditions for Hens.  I am saying that only in this crazy place would there be stronger legislation protecting the right of hens to a decent home and secure place to live out their sad and miserably brooding lives than there is for humans.  The California laws in question in this lawsuit basically say something like “Give me your poor, your wretched  huddle masses of CHICKENS” to the rest of the United States and the World.  As a proud Homo Sapiens Sapiens, it makes me both sad and angry to see that human life and security take a second place to the mothers of all omelets….

California seeks to set the standard for the world in many things, and now it has expanded its world leadership to the field of telling everyone else in the world how to raise their chickens.   This is the news article in question: February 3 2014 Missouri attorney general challenges California egg law; claims it infringes on commerce – Yahoo Finance Canada.

Being who I am, (i.e. an extremely nerdy, crotchety old man with academic instincts) I was unsatisfied with the report of this article, even in Yahoo Canada, which typically offers more detailed presentations than US on-line articles.  I guess they have more time to read up in the cold northern wastelands, either that or the traditions of our grandparents haven’t been quite so thoroughly erased north of the 49th Parallel to the West and the Great Lakes to the East…. I have spent many happy months in both the French and British extremes of Canada (British Columbia and Quebec), although, in the middle, the University of Calgary was the seen of one of my most bitter disappointments and defeats in life…. but I digress.

It seems that Chris Koster, the current Attorney General of Missouri, third lineal successor in time and position to the infamous John Ashcroft (who was followed by Jay Nixon, William Webster, now Chris Koster), has filed a suit in Fresno, the United States District Court for the Eastern District of California, seeking a both injunction and declaratory injunction against Kamala D. Harris, the first lifeless  person sitting as “active” attorney general of the State of California, from ever enforcing certain California Statutes relating to the Humane Housing of Hens.  That’s “HHH” just like former Minnesota Senator, Vice-President, and 1968-72 miserably failing Presidential Candidate Hubert Horatio Humphrey (“once a fiery liberal spirit, ah but now when he speaks, he must “clear it”; second fiddle’s a hard part, I know, when they don’t even give you a bow”)—oh well, I show my age….  White Supremacists, similarly, like to salute each other “88” for “Heil Hitler”, so this would be California Initiative “888”….”Humane Housing for Hens”—I just can’t get over it.

On the positive side, I think Missouri Attorney General Chris Koster has done an exemplary job of framing and “front end loading” a complaint that will pass Bell Atlantic v. Twombley Scrutiny (2007 May 21 Bell Atlantic Corp v Twombly 550 US 544 127 SCT 1955 167 LED2d 929 (SCOTUS Rule 8 Pleading Standards 2007).

I have been advocating heavily “front end loaded” complaints for a long time, only because Twombly basically makes them mandatory.  Missouri Attorney General Chris Koster passes all aspects of the Twombly test, I think for over pleading and over-preparing one’s complaint, by attaching 14 Exhibits including several voluminous expert reports on the EGGSISTENTIAL matters of chicken housing and hen coops….  Because I think Koster’s Complaint is worthy of emulation, from a strictly practical standpoint, I attach it and all its exhibits here.

However, it continues to sadden me to think that California Hens have more legislators concerned about their welfare than California mothers who are being thrown out of their homes with children.  I think we live in a very sick society where “distraction issues” take precedence in the legislature over protecting fundamental rights such as THE RIGHT OF THE PEOPLE TO BE SECURE IN THIER PERSONS, HOUSES, PAPERS AND EFFECTS.   The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures now truly takes a backseat, both in legislative enactment and now constitutional litigation, to these same rights imputed to HENS.  

Where are the California legislators seeking to protect the rights of California homeowners by abolishing non-judicial foreclosure?  Where are the  California Assembly’s investigations into the criminal deformation of common law and constitutional rights effected by mortgage finance lending and practice based on securitized and pooled notes?

Here is Chris Koster’s Complaint, followed by its 14 Exhibits—I recommend that EVERY COMPLAINT filed have at least 14 Exhibits these days… (13 being an unlucky number [both for Panem and the Confederate States of America], and 12 being just much too common a structural number—the number of months, the number of Apostles, etc.).  


State of Missouri ex rel Chris Koster v Kamala D Harris AG Cal EDCAL FRESNO 2-14CV00341_DocketEntry_02-03-2014 Complaint

Missouri v Harris CIVIL COVER SHEET 3 February 2014 2-14CV00341_DocketEntry_02-03-2014_1

Missouri v Harris Exhibit A Aug-9 2007 %22Ballot Initiative-The California Prevention of Farm Animal Cruelty Act%22 2-14CV00341_DocketEntry_02-03-2014_2-1

Missouri v Harris Exhibit B %22DETERMINATION OF SPACE USE BY LAYING HENS%22 UC DAVIS 2-14CV00341_DocketEntry_02-03-2014_2-2-2

Missouri v Harris Exhibit C %22ECONOMIC EFFECTS OF PROPOSED RESTRICTIONS ON EGG-LAYING HOUSING IN CALIFORNIA%22 2-14CV00341_DocketEntry_02-03-2014_2-3

Missouri v Harris Exhibit D Assembly Bill 1437 Chapter 51+ EGGS FOR HUMAN CONSUMPTION + 2-14CV00341_DocketEntry_02-03-2014_2-4

Missouri v Harris Exhibit E California Eggs Requirements 2015 in Fresno 2-14CV00341_DocketEntry_02-03-2014_2-5

Missouri v Harris Exhibit F %22ECONOMIC ASPECTS OF ALTERNATIVE CALIFORNIA EGG PRODUCTION SYSTEMS%22 2-14CV00341_DocketEntry_02-03-2014_2-6

Missouri v Harris Exhibit G %22RETAIL SALE OF SHELLED EGGS%22 Cal Health & Safety Code Sec 25996 2-14CV00341_DocketEntry_02-03-2014_2-7

Missouri v Harris Exhibit H %22Cal Admin Code Title 3 Sec 1350—Healthful & Wholesome Eggs in CA%22 2-14CV00341_DocketEntry_02-03-2014_2-8

Missouri v Harris Exhibit I %22Epidemiology of Salmonella infections in laying hens%22 2-14CV00341_DocketEntry_02-03-2014_2-9

Missouri v Harris Exhibit J %22The Effects of Housing Laying Hens as Groups in Conventional Cages%22 2-14CV00341_DocketEntry_02-03-2014_2-10

Missouri v Harris Exhibit K %22Shelled Eggs-Sale for Human Consumption-…animal care standards%22 2-14CV00341_DocketEntry_02-03-2014_2-11-2

Missouri v Harris Exhibit L %22Bill to Prohibit the Sale of Eggs for Human Consum if Hen was Caged%22 2-14CV00341_DocketEntry_02-03-2014_2-12

Missouri v Harris Exhibit M %222009 Bill to Prohibit Selling of Eggs Still in the Shell for Humans….%22 2-14CV00341_DocketEntry_02-03-2014_2-13

Missouri v Harris Exhibit N %22Schwarzenegger signs bill requiring %22humane%22 out of state eggs%22 2-14CV00341_DocketEntry_02-03-2014_2-14

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