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Culture War Roundup for the week of April 15, 2024

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In the past I've heard a lot of jokes about "The People's Republic of Pennsylvania". I don't know much about the state, but the Secretary of Agriculture has been making news lately.

The latest evolving story is about Rusty Herr and Ethan Wentworth who ran a bovine reproductive services company called "NoBull Sires, LLC".

The dispute arose back in 2010 because the Ag Department sent them a cease and desist plus a statement of fine on the grounds that using an ultrasound was practicing veterinary medicine without a license. The counter argument was that the Ag Department was out of scope of the law. Routine checks don't meet the requirement of "diagnosis and treatment" for practising veterinary medicine, even if they involve an ultrasound machine.

Notably the Ag Department seems to have never filed the paperwork with a court, which is a prerequisite for enforcement. So they were likely aware of the legal issues. In 2020 the Pennsylvania Veterinary Medicine Association sent a complaint to the Department of State.

On April 10-11, 2024 they were arrested and sent to jail for 30 days for "contempt of court". The problem is that the Ag Department seems to have issued the arrest warrant on their own. The case has never been in court. They have not been before a judge.

So they are both in jail serving a 30 day sentence that didn't involve a judge and they haven't been allowed to see a judge.

There is a culture war angle here. The press seems to be reluctant to get involved for a few reasons. These days they like to defer to the bureaucracy, particularly when the Governor is from the right party. Plus Pennsylvania is in play for 2024 so they are reluctant to kick up a fuss that could help Trump.

I'm only finding coverage in the farming press right now and they don't really dive into the legal issues.

https://www.lancasterfarming.com/farming-news/news/livestock-ultrasound-operators-jailed-accused-of-unlicensed-vet-practice/article_39004570-fcd8-11ee-8396-1f8ec41b214f.html

https://agmoos.com/2024/04/17/pregnancy-is-not-a-disease-two-men-jailed-without-bail-for-repro-ultrasounding-of-dairy-cows/

Shouldn't their lawyers be able to file a writ of habeas corpus with a real court?

The cease-and-desist simply says to cease and desist illegally practicing veterinary medicine; it doesn't name specifics. Since the whole dispute is over whether ultrasound for pregnancy is "veterinary medicine", for them to stop the ultrasounds in response to that cease-and-desist would be to concede their case.

I suspect ultimately there's going to be some petty corruption here, with local vets being buddies/business partners of the Ag Board members and/or the local sheriff.

Yes, they just got a lawyer a few days ago. Robert Barnes found out about it because he was in town working the Amos Miller case and he wanted to verify some details before he filed anything.

So things are moving but I posted it here now to see if anyone had any interesting takes and also to set up an update post later if there's political fallout.

The situation seems to be that the Secretary of Agriculture has financial links to the major milk producers and is trying to shut down the small Amish farms. The Amish don't like to sue for religious reasons so he's getting away with a lot.

Yes, they just got a lawyer a few days ago. Robert Barnes found out about it because he was in town working the Amos Miller case and he wanted to verify some details before he filed anything.

Oh god. How does this guy keep grabbing these cases up?

Come the hour, cometh the man?