Fowler Packing Company, Inc. v. David Lanier

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED DEC 09 2016

FOR THE NINTH CIRCUIT

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOWLER PACKING COMPANY, INC.; No. 16-16236 GERAWAN FARMING, INC., D.C. No.

Plaintiffs-Appellants, 1:16-cv-00106-DAD-SAB Eastern District of California, v. Fresno

DAVID M. LANIER, in his official capacity as Secretary of the California ORDER Labor and Workforce Development Agency; CHRISTINE BAKER, in her official capacity as the Director of the Department of Industrial Relations; JULIE A. SU, in her official capacity as California Labor Commissioner,

Defendants-Appellees.

Before: GOULD, CLIFTON, and WATFORD, Circuit Judges.

Plaintiffs in the case appeal a district court’s order dismissing claims that a

California law violates the Bill of Attainder Clause, U.S. Const. art. I, § 10, cl. 1

(the “bill of attainder claim”), and the Equal Protection Clause, U.S. Const. amend.

XIV, § 1 (the “equal protection claim”). We conclude that the district court

correctly dismissed the bill of attainder claim, but erroneously dismissed the equal

protection claim. We therefore AFFIRM in part and REVERSE in part, and

REMAND the case to the district court for further proceedings with respect to the

equal protection claim only. A written opinion giving the court’s reasoning will

follow in due course.

The time for filing any petition for rehearing or petition for rehearing en

banc shall be extended and shall not begin to run until the court has filed its written

opinion giving its reasoning.