November 17, 2021
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AG Schmidt takes Kansas lawsuit over agriculture trespass law to US Supreme Court - WIBW

FILE - The Supreme Court is seen at dusk in Washington, Oct. 22, 2021. The Supreme Court is...
FILE - The Supreme Court is seen at dusk in Washington, Oct. 22, 2021. The Supreme Court is taking up challenges to a Texas law that has virtually ended abortion in the nation’s second largest state after six weeks of pregnancy. The justices are hearing arguments Monday, Nov. 1, in two cases over whether abortion providers or the Justice Department can mount federal court challenges to the law, which has an unusual enforcement scheme its defenders argue shield it from federal court review. (AP Photo/J. Scott Applewhite, File)

TOPEKA, Kan. (WIBW) - Attorney General Derek Schmidt has asked the U.S. Supreme Court to uphold a Kansas law that allows for enhanced criminal penalties for those who trespass on agricultural property.

Kansas Attorney General Derek Schmidt says in the case of Kelly v. Animal Legal Defense Fund he told the U.S. Supreme Court that a Kansas law that protects agricultural property rights is constitutional and does not conflict with the First Amendment.

AG Schmidt said he filed a petition for writ of certiorari which asks the Court to review an August ruling by the Court of Appeals for the 10th Circuit. He said the court held a Kansas statute that allows enhanced criminal penalties when an individual gets access to an animal facility by deception and with the intent to cause harm violates the First Amendment rights of trespassers.

Schmidt said the Court of Appeals for the 8th Circuit has upheld a similar law in Iowa, which creates a split of opinions in federal appeals courts.

“Kansas enacted this law to add an additional layer of protection regarding unauthorized access to agricultural facilities, and to help improve security measures against those who seek to disrupt the food supply,” Schmidt said. “Animal agriculture is vitally important to our state’s economic well-being. We are hopeful that the U.S. Supreme Court will recognize the need to provide clarity on this subject and afford Kansas agriculture producers protections available in our sister states.”

Schmidt said the 10th Circuit decision struck down the Kansas state 2-1. The dissenting judge said they would have upheld the statute and concluded it does not violate the First Amendment.

To read the full text of the petition filed on Wednesday, Nov. 17, click HERE.

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source: https://www.wibw.com/2021/11/17/ag-schmidt-takes-kansas-lawsuit-over-agriculture-trespass-law-us-supreme-court/

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