"Corporate Farm" lawsuits proceed without State of Nebraska

The Nebraska Federal District Court has dismissed the State of Nebraska from 2 lawsuits challenging the Nebraska "Initiative 300" corporate farming ban in the State Constitution, on 11th amendment grounds. However the Attorney General and Secretary of State will remain parties to the case. Challengers to the corporate farming ban lost about 15 years ago on due process grounds,MSMFarms Inc. v. Spire, 927 F.2d 330 (8th Cir. 02/27/1991)(versuslaw.com by subscription) but this time have raised the "dormant commerce" clause and the Americans with Disabilities Act as grounds to invalidate the law. South Dakota's corporate farm ban went down last year on "dormant commerce clause" grounds in the 8th circuit court of appeals. The 8th Circuit in that case held the court should not have considered the ADA claim because the court earlier dismissed the ADA issue. The challengers to the corporate farm constitutional amendment should try to get in fron to Judge Joe Battailon however so they can try the gayctivists successful argument that the constitutional amendment against them deprived them of equal protection under Romer v Evans.