Missouri Cervid Leaders Send Commerce Clause Opinion to Conservation Department Commissioners

From the American Cervid Alliance Newsroom


 


February 23, 2014


Missouri Cervid Leaders Send ACA's Commerce Clause Opinion to Conservation Department Commissioners



AYR, NE- Leaders within the Missouri Whitetail Deer Breeders & Hunting Ranch Association have requested the ACA's legal council’s written opinion be sent to it its Conservation Department Commissioners.  The legal opinion, addressed to the commissioners, cites legal opinions regarding the commerce clause and how it pertains to border closers. This correspondence from the ACA attorneys is in response to the relentless and unwavering suggestions of closing the Missouri borders, to the importation of out of state cervids, by the conservation department and other special interest groups.



The legal opinion, drafted by ACA attorney Clint Patty, states that in his opinion there is a strong argument to be made if a state decides to close its borders to interstate commerce. His review of the constitutionality of the proposed Missouri border closing to out of state cervids cites numerous Supreme Court cases where legal precedence has been established. It also states in most of these prior cases that the best known science available must be used as justification.


The letter also addresses recent events creating credibility and legal issues for the State of Missouri if it closes its borders.  The Missouri Attorney General recently filed a lawsuit in the United States District Court in California seeking to strike down a California law that effectively closes California borders to Missouri egg producers. Missouri bases its arguments in California on the same Commerce Clause arguments raised by the cervid industry: closing borders without an adequate rational basis violates the US Constitution.


 "We are still hearing that the department wants to close our borders," said Kurt Humphrey, a director on the Missouri Whitetail Deer Breeders & Hunting Ranch Association board. "We have to let the department know where we stand.â€�


The ACA’s attorneys provided this legal opinion to members of the council as more and more states discuss closing their borders to the importation of cervids. ACA Moderator Eric Mohlman said, "If this opinion can help the Missouri effort then they can do what they need to do with it. If Missouri needs further assistance, we can bring it to the ACA Council for deliberation."

 

Autry905011393307903



It will take more than a letter to solve the problem. No one is afraid of a letter. In many cases, the letter just ends up in the trash can, unread. If you want to get their attention, take the next step.




 


 


The Missouri state borders have not been shut down, nor has there been an official step taken to do so, at this time. Hence, the ball is in the conservation department's court. From my personal conversations with leaders in Missouri is they are ready to defend their state and that letter lets the MDC know they are taking a stand. All that can be done right now.

Autry905101393343328



The point is that all the letters written by ACA hasn't accomplished anything for the industry. Unless ACA get serious about defending this industry and starts doing something more than writing nice letters, this industry will continue to die a slow death. You're playing right into their hands by just writing letters.




 


David,


The ACA didnt write the letter, the lawyers did. Missouri asked them to send the letter to their conservation department because as of right now there is no proposal to close their borders. They are asserting their position. There is nothing else to do unless you want to help and drive to Jefferson City to hold up a picket sign that says "Keep Borders Open". If thats the case, please let them know.


 


As always, hope all is well.

Four Seasons Whitetails905141393369380



If they are thinking about it, They will do it. Read the words from the Dept in that state on other hunting websites. They say its deer coming in doing the problem and they want the problem stopped. Not to hard to read between the lines on that one.  I have seen the same line with my own eye's and look where we are!




 


Angie or Mike,


Yes, we have read it what they wrote, that's why the ACA lawyers have researched the issue and composed a letter that was sent to their conservation commissioners. But there is no formal course of action as a proposal on the table as of today to close the borders, so there is nothing else the association can do until they raise the battle flag.  We have let them know we wont stand for it if they try it... I guess I'm confused what yall are wanting? The Missouri Whitetail Deer Breeders & Hunting Ranch Association leadership asked for the research and the letter and it was done. 

Kurt,


Thank you for your rational comments.  Since you are actually a director of the Missouri board, your first hand opinion is valued very much.  Thanks again and let us know if you need anything. 

Awesome Antlers905321393396115



 Wouldn't the members only forum be a much better place for this type of discussion...




 


Barry,


I started this thread to share an important update with the public so as many folks could read it. It also was sent out directly via email by the ACA, which goes to several thousand.  My hope would be subsequent dialog after the initial post would always be civil and respectful, to allow the posts to stay on the public thread.  I understand your concerns though. Thanks!

 


Travis