Date of this Version
On August 19, 2003 the Eighth Circuit Federal Court of Appeals ruled that South Dakota’s constitutional “Amendment E” restricting corporate farming violated the Interstate Commerce Clause of the U.S. Constitution. South Dakota Farm Bureau v Hazeltine, 340 F3d 583 (8CA 2003). On May 3, 2004 the U.S. Supreme Court rejected the State of South Dakota’s appeal of the Hazeltine ruling. Because Amendment E is similar to Nebraska’s Initiative 300 (I300), the Supreme Court decision allowing the Hazeltine decision to stand suggests that I300 may be vulnerable to a similar legal challenge.