Club Gallístico de Puerto Rico, Inc. v. United States

Cockfighting was legal in Puerto Rico and historically had been an important part of Puerto Rico’s economy and culture. By contrast, all 50 United States and Washington, D.C. had outlawed cockfighting. In 1976, the United States Congress amended the federal Animal Welfare Act to prohibit animal-fighting ventures in which animals were moved in interstate or foreign commerce, with an exception for live-bird fighting in jurisdictions where that activity was legal. In 2018, Congress enacted Section 12616 of the Agricultural Improvement Act, which amended the Animal Welfare Act to extend the prohibition on animal-fighting ventures, including live-bird fighting, to Puerto Rico and other United States territories. Cockfighting-arena operator Club Gallístico de Puerto Rico, Inc. and others involved in the Puerto Rican cockfighting industry (collectively, the organizations) (plaintiffs) sued the United States government and various United States officials (defendants), asserting that Section 12616 was unconstitutional. The organizations contended, among other things, that Section 12616 (1) exceeded Congress’s authority under the Commerce Clause and Territorial Clause, (2) violated the organizations’ First Amendment rights of free speech and association, and (3) resulted in a devaluation of the organizations’ property that constituted a taking. The parties cross-moved for summary judgment.