Supreme Court refuses to delay California foie gras ban

WASHINGTON, Oct. 14 (UPI) -- The U.S. Supreme Court refused Tuesday to stop California from banning force-feeding ducks to produce foie gras.

The high court rejected review of an appeal by a lower court that refused to grant an injunction to duck farmers and restaurant owners who challenged the ban. The 9th Circuit U.S. Court of Appeals did not rule on the merits of the challenge last year but found the plaintiffs were unlikely to win.

Lawyers for duck farmers in New York and Canada argued that California was interfering with interstate commerce and called the law too vague. A unanimous court found that the law specifically bars force-feeding ducks through tubes to make their livers bigger, allowing the sale of foie gras produced in other ways and said California made no attempt to restrict foie gras in other states.

The appeals court also said California lawmakers have the right to restrict practices they believe are animal cruelty.

The ban took effect on July 1, 2012, eight years after it was passed.