(CN) — Leaving a ban on cockfighting in place, the U.S. Supreme Court on Tuesday decided not to take up a challenge over a federal law that prohibits the practice in Puerto Rico.
Cockfighting – in which roosters are placed in a pit to fight until one of them dies or is seriously hurt – was federally outlawed in 1976, but Congress continued to allow it where permissible under local laws.
Following its introduction to Puerto Rico by the Spanish in the 16th century, cockfighting has been practiced on the island for more than 400 years. The U.S. territory’s local rules permitted the tradition to continue there for decades after the 1976 rule was passed.
In 2018, however, Congress passed a new section of the Agriculture Improvement Act that nixed local law exemptions.
A group of Puerto Rican gamecock owners, breeders, private fighting enthusiasts and others claimed in a lawsuit that the 2018 restriction violated their First Amendment and due process rights, as well as the commerce clause of the U.S. Constitution.
The district court and the First Circuit rejected the challenge, prompting the group to appeal to the Supreme Court.
“One of the ways Puerto Rico has exercised its autonomy and independence is through the legalization and regulation of the sport of cockfighting,” they wrote in a 41-page petition in June, urging the high court to review the case.
The justices on Tuesday refused their request without comment, leaving in place the ban on cockfighting in Puerto Rico.
Similarly to each state, Puerto Rico has its own constitution governing that which falls outside the purview of the U.S. Constitution. The challengers say local cockfighting regulation is one of those matters.
But the district and appellate courts maintained that, contrary to the plaintiffs’ claims, Congress had the authority to govern the “local custom” because it has a substantial effect on interstate commerce.
The plaintiffs were represented by attorneys with the law firms Consovoy McCarthy, Roman & Associates and Prado, Nunez & Asociados.
“Though Congress enacted Section 12616 pursuant to its Commerce Clause powers, it made no effort— through legislative findings, public hearings, or otherwise—to show that cockfighting on the island of Puerto Rico affected interstate commerce in any way,” the attorneys argued in the petition.
They say the sport creates approximately 11,000 jobs and generates $65 million in annual revenue, and opponents of the 2018 rule feared that it could devastate Puerto Rico’s economy.
Comparing cockfighting to horse racing in Kentucky, rodeos in Texas and hunting in Montana, they argued the sport is “deeply ingrained in the island’s history, tradition, and culture.”
Follow @@ErikaKate5
Subscribe to Closing Arguments
Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.
Additional Reads
-
Veteran wins Supreme Court battle over education benefits April 16, 2024 -
