Court dismisses 3rd lawsuit against hen cage law

A federal appeals court on Wednesday upheld a decision to dismiss a lawsuit by a farmer that challenged a law banning the inhumane confinement of egg-laying hens.

The 9th U.S. Circuit Court of Appeals affirmed the 2012 decision by a lower court to throw out the lawsuit by egg farmer William Cramer. Cramer's lawsuit said the law is unconstitutionally vague.

It's the third time courts have rejected lawsuits by egg farmers against California's landmark Proposition 2.

"We are thrilled that the court sided with the millions of California voters who supported this measure and chose to end extreme and reckless factory farming practices," said Jonathan Lovvorn, senior vice president and chief counsel for animal protection litigation for the Humane Society of the United States.

The initiative approved in 2008 bans the inhumane confinement of egg-laying hens, breeding pigs and veal calves in cages so small the animals cannot stretch their limbs, lie down or turn around.Since its passage, farmers have complained that the measure lacks specific language designating appropriate cage size and as a result puts them at risk of misdemeanor charges and fines up to $1,000.

In addition, they say they are on the hook for millions of dollars in upgrades but can't get bank loans without knowing whether new cages will be in compliance.

Two justices once open to cameras in court now reconsider

Two Supreme Court justices who once seemed open to the idea of cameras in the courtroom said Monday they have reconsidered those views, dashing even faint hopes that April's historic arguments over gay marriage might be televised.

In separate appearances, Justices Elena Kagan and Sonia Sotomayor said allowing cameras might lead to grandstanding that could fundamentally change the nature of the high court.

Sotomayor told an audience in West Palm Beach, Florida, that cameras could change the behavior of both the justices and lawyers appearing at the court, who might succumb to "this temptation to use it as a stage rather than a courtroom."

"I am moving more closely to saying I think it might be a bad idea," she said.

During her confirmation hearings in 2009, Sotomayor told lawmakers she had a positive experience with cameras and would try to soften other justices' opposition to cameras.

Speaking at the University of Chicago's Institute of Politics, Kagan told an audience that she is "conflicted" over the issue and noted strong arguments on both sides.

Kagan said that when she used to argue cases before the court as Solicitor General, she wanted the public to see how well prepared the justices were for each case "and really look as though they are trying to get it right."

But Kagan said she is wary now of anything "that may upset the dynamic of the institution."

She pointed to Congress, which televises floor proceedings, saying lawmakers talk more in made-for-TV sound bites than to each other.