Friday, the U.S. Court of Appeals for the District of Columbia vacated a March 28 ruling that denied meat group’s request for a preliminary injunction to block the Country of Origin Labeling Law. American Meat Institute’s General Counsel Mark Dopp says the vacation means that that decision is no longer applicable and the Appeals Court also ruled that the case will be heard en banc meaning it goes before all judges in the Circuit rather than the three judges that make up the Appeals Court.

Dopp says a footnote in the original appeals court decision allowed for en banc to proceed if the court so ruled which they did. He says that’s a rare occurrence.

AMI and the other meat groups continue to argue that the Country of Origin Labeling rule violates the United States Constitution by compelling speech in the form of costly and detailed labels on meat products that do not directly advance a government interest.