Krielow v. Louisiana Department of Agriculture and Forestry
Louisiana Supreme Court
125 So. 3d 384 (2013)
- Written by Sean Carroll, JD
Facts
Louisiana passed a law requiring rice producers to pay an assessment on all rice produced in Louisiana, up to three cents per hundredweight. However, the assessment was invoked only if the state’s rice producers approved it by a majority vote. The legislature did not retain any authority to review the rice producers’ votes or their decisions on the assessment’s amount. The law’s stated purpose was to promote the growth of the rice industry through research programs. Approximately 40 rice producers (plaintiffs) brought suit against the Louisiana Department of Agriculture and Forestry (LDAF) (defendant), challenging the law’s constitutionality. The LDAF argued that the law did not amount to a delegation of lawmaking power, but rather that the rice producers’ vote constituted an implementation of the legislature’s law. The district court found the law facially unconstitutional in part. The LDAF appealed.
Rule of Law
Issue
Holding and Reasoning (Johnson, C.J.)
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