• Skip to main content
  • Skip to primary sidebar
  • My Social Media
  • About
    • About Mark Draughn
    • Testimonials
    • Other Authors
      • About Gary Olson
      • About Ken Gibson
      • About Joel Rosenberg
    • Disclosures
    • Terms and Conditions

Windypundit

Classical liberalism, criminal laws, the war on drugs, economics, free speech, technology, photography, sex work, cats, and whatever else comes to mind.

Mad Cow Madness Continues

September 2, 2008 By Mark Draughn Leave a Comment

The U.S. Department of Agriculture and the meatpacking industry agree: The American beef supply is safe from bovine spongiform encephalopathy (BSE), a.k.a. “mad cow” disease. They know this because the USDA has been spot-testing slaughtered cattle for years.

That works for me, but maybe it’s not good enough for you. Maybe you don’t trust the statistical sampling process. Maybe the next time you bite into a juicy sirloin steak you’d like to know that the actual cow you’re eating was tested and found free of BSE.

You’re probably not the only one. Fortunately, there’s Creekstone Farms Premium Beef, which in 2004 began plans to test every cow for BSE.

Unfortunately, there’s also the U.S. Department of Agriculture and the meatpacking industry, which have made every effort to stop the testing.

Larger meat companies feared that move because, if Creekstone should test its meat and advertised it as safe, they might have to perform the expensive tests on their larger herds as well.

As I explained in my earlier post, this is seen as a bad thing in the communist-style command economy that serves as our agricultural policy, and the Department of Agriculture likes to protect our agricultural industry, even at the expense of consumers.

The USDA lost their court case in 2007, but they appealed the decision, and last week the Department of Agriculture won the appeal when the D.C. Court of Appeals rolled over and played dead for the USDA:

Last year a federal judge ruled that Creekstone must be allowed to conduct the test because U.S.D.A. can only regulate disease “treatment.” Since there is no cure for B.S.E. and the test is performed on dead animals, the judge ruled, the test is not a treatment.

The U.S. Court of Appeals for the District of Columbia Circuit overturned that ruling, saying diagnosis can be considered part of treatment. “And we owe U.S.D.A. a considerable degree of deference in its interpretation of the term,” wrote Judge Karen LeCraft Henderson.

I suppose you could reasonably argue that, in general, diagnosis is part of the treatment process, but I do wonder what treatment Judge LeCraft has in mind for curing a dead cow.

Share This Post

Filed Under: Economics

Reader Interactions

Leave a ReplyCancel reply

Primary Sidebar

Search

Recent Posts

  • Yes, It’s a Bribe
  • Talking to my fellow libertarians about DOGE
  • Late night thoughts on the current crisis
  • Joining The Cult
  • Trump’s dumb attempt to define sex
  • Some advice for my transgender readers in the new year
  • Decoding Economics: Happiness and Taste
  • Decoding Economics: The Real Economy

Where else to find me

  • Twitter
  • Post
  • Mastodon

Follow

  • X
  • Mastodon

Bloggy Goodness

  • Agitator
  • DrugWar Rant
  • Duly Noted
  • Dynamist
  • Hit & Run
  • Honest Courtesan
  • Nobody's Business
  • Popehat
  • Ravings of a Feral Genius

Blawgs

  • a Public Defender
  • appellatesquawk
  • Blonde Justice
  • Chasing Truth. Catching Hell.
  • Crime & Federalism
  • Crime and Consequences Blog
  • Criminal Defense
  • CrimLaw
  • D.A. Confidential
  • Defending Dandelions
  • Defending People
  • DUI Blog
  • ECIL Crime
  • Gamso For the Defense
  • Graham Lawyer Blog
  • Hercules and the Umpire
  • Indefensible
  • Koehler Law Blog
  • Legal Satyricon
  • New York Personal Injury Law Blog
  • Norm Pattis
  • not for the monosyllabic
  • Not Guilty
  • Probable Cause
  • Seeking Justice
  • Simple Justice
  • Tempe Criminal Defense
  • The Clements Firm
  • The Trial Warrior Blog
  • The Volokh Conspiracy
  • Underdog Blog
  • Unwashed Advocate
  • West Virginia Criminal Law Blog

Bloggers

  • Booker Rising
  • Eric Zorn
  • ExCop-LawStudent
  • InstaPundit
  • Last One Speaks
  • Leslie's Omnibus
  • Marathon Pundit
  • Miss Manners
  • Preaching to the Choir
  • Roger Ebert's Journal
  • Speakeasy Blog
  • SWOP Chicago

Geek Stuff

  • Charlie's Diary
  • Google Blogoscoped
  • Schneier on Security
  • The Altruist
  • The Ancient Gaming Noob
  • The Daily WTF
  • xkcd

Resources

  • CIA World Factbook
  • Current Impact Risks
  • EFF: Bloggers
  • Institute for Justice
  • Jennifer Abel
  • StrategyPage
  • W3 EDGE, Optimization Products for WordPress
  • W3 EDGE, Optimization Products for WordPress
  • W3 EDGE, Optimization Products for WordPress
  • Wikipedia
  • WolframAlpha

Gone But Not Forgotten

  • Peter McWilliams

Copyright © 2025 Mark Draughn · Magazine Pro On Genesis Framework · WordPress

Go to mobile version