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GLICKMAN v. WILEMAN BROTHERS & ELLIOTT, INC.

No. 95-1184.

521 U.S. 457 (1997)

117 S.Ct. 2130

138 L.Ed.2d 585

GLICKMAN, SECRETARY OF AGRICULTURE v. WILEMAN BROTHERS & ELLIOTT, INC., et al.

Supreme Court of United States.

Decided June 25, 1997.

Attorney(s) appearing for the Case

Alan Jenkins argued the cause for petitioner. With him on the briefs were Acting Solicitor General Dellinger, Assistant Attorney General Hunger, Deputy Solicitor General Kneedler, Douglas N. Letter, Irene M. Solet, and Daniel Bensing.

Thomas E. Campagne argued the cause for respondents. With him on the brief for Wileman Bros. & Elliott, Inc., et al. was Clifford C. Kemper. Michael W. McConnell, Alan E. Untereiner, Gary A. Orseck, and James A. Moody filed a brief for respondents Gerawan Farming, Inc., et al.*

Stevens, J., delivered the opinion of the Court, in which O'Connor, Kennedy, Ginsburg, and Breyer, JJ., joined. Souter, J., filed a dissenting opinion, in which Rehnquist, C. J., and Scalia, J., joined, and in which Thomas, J., joined except as to Part II, p. 477. Thomas, J., filed a dissenting opinion, in which Scalia, J., joined as to Part II, p. 504.

Justice Stevens, delivered the opinion of the Court.

A number of growers, handlers, and processors of California tree fruits (respondents) brought this proceeding to challenge the validity of various regulations contained in marketing orders promulgated by the Secretary of Agriculture. The orders impose assessments on respondents that cover the expenses of administering the orders, including the cost of generic advertising of California nectarines, plums, and peaches...

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