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Butz v. Glover Livestock Commission Co., Inc., 411 U.S. 182 (1973)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Butz v. Glover Livestock Commission Co., Inc., 411 U.S. 182 (1973)
Butz v. Glover Livestock Commission Co., Inc. No. 71-1545 Argued February 27, 1973 Decided March 28, 1973 411 U.S. 182
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
Syllabus
Respondent stockyard operator, who, after a hearing, had been found to have short-weighted livestock and underpaid consignors on the basis of the false weights, was ordered by a Judicial Officer acting for the Secretary of Agriculture to cease and desist and to keep correct records, and its registration under the Packers and Stockyards Act was suspended for 20 days. The Court of Appeals upheld all but the suspension, which it found inappropriate in view of the other sanctions, and contrary to the Secretary’s practice except for "intentional and flagrant" violations.
Held: In setting aside the suspension order, the Court of Appeals exceeded the scope of proper judicial review of administrative sanctions, since the Secretary had full authority to make the suspension order as a deterrent to violations, whether intentional or negligent, and issuance of the order against respondent, who had ignored previous warnings against short-weighting, was not an abuse of administrative discretion. Pp. 185-189.
454 F.2d 109, reversed.
BRENNAN, J., delivered the opinion of the Court, in which BURGER, C.J., and WHITE, MARSHALL, BLACKMUN, POWELL, and REHNQUIST, JJ., joined. STEWART, J., filed a dissenting opinion, in which DOUGLAS, J., joined, post, p. 189.
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Chicago: U.S. Supreme Court, "Syllabus," Butz v. Glover Livestock Commission Co., Inc., 411 U.S. 182 (1973) in 411 U.S. 182 411 U.S. 183. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=U4G5WM2TPZGVWX8.
MLA: U.S. Supreme Court. "Syllabus." Butz v. Glover Livestock Commission Co., Inc., 411 U.S. 182 (1973), in 411 U.S. 182, page 411 U.S. 183. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=U4G5WM2TPZGVWX8.
Harvard: U.S. Supreme Court, 'Syllabus' in Butz v. Glover Livestock Commission Co., Inc., 411 U.S. 182 (1973). cited in 1973, 411 U.S. 182, pp.411 U.S. 183. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=U4G5WM2TPZGVWX8.
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