The makeup of the Supreme Court that decided Johanns v. Livestock Marketing Association

The mandatory beef checkoff was ruled constitutional by the U.S. Supreme Court on a 6 – 3 vote.

The majority opinion was written by Justice Antonin Scalia, and joined by Chief Justice William Rehnquist and justices Sandra Day O’Connor, Clarence Thomas, Stephen Breyer and Ruth Bader Ginsburg.

Justices David Souter, Anthony Kennedy and John Paul Stevens dissented, with Justice Souter writing the dissenting opinion.

Seven of the nine U.S. Supreme Court justices were appointed by Republican presidents. Four of those justices joined the two justices appointed by President Clinton (Breyer and Ginsburg) to form the majority in the beef checkoff case.

The Court today:

Chief Justice William Rehnquist appointed by President Nixon 1972
John Paul Stevens  appointed by President Ford 1975
Sandra Day O’Connor appointed by President Reagan 1981
Antonin Scalia appointed by President Reagan 1986
 Anthony Kennedy appointed by President Reagan 1988
 David Souter appointed by President Bush 1990
 Clarence Thomas appointed by President Bush 1991
 Ruth Bader Ginsburg appointed by President Clinton 1993
 Stephen Breyer appointed by President Clinton  1995