David Latham has built his life around Tennessee Walking Horses. He and his father run a successful stable in Northern Alabama where they train and care for these elegant animals. As respected figures in the Walking Horse industry, the Lathams show horses at competitions throughout the Southeastern United States, continuing a family tradition that spans generations.
Those who dedicate their lives to these animals—like David—do so out of passion, not just for profit. David started riding when he was just a kid. His dad had taken up training Tennessee Walking Horses and when he was about 10 years old, he started showing the horses his dad trained in competition, And when he was in high school, he joined his dad in training horses for competition. “If you don’t love these magnificent animals, you won’t last long because of the enormous amount of work it is,” he reflected. But David and other trainers like him love their horses and the community that has built up around the Tennessee Walking sport.
Unfortunately, no amount of love and care can ward off federal enforcers. Everything changed for David when U.S. Department of Agriculture inspectors accused him of entering “sored” horses in Tennessee Walking Horse competitions. “Soring” is a cruel practice where unscrupulous trainers cause pain or discomfort to a horse’s legs to force a desired gait. It’s hated by honest and caring trainers like David, and the sport has worked hard to stamp it out. The Horse Protection Act made it illegal to enter a “sore” horse in competition.
The USDA now seeks to punish David with a huge fine and—even more devastating—ban him from the walking horse sport for years, effectively ending the only career he’s ever known. To make matters worse, the agency is not prosecuting David in an actual court where due process applies. The USDA is instead pursuing its enforcement actions within its own walls and under its own rules, where its own judicial officer and administrative law judges (ALJs) make the decisions.
Like most in-house “trials” run by agency employees, the USDA’s process nearly always ends with the USDA winning. Everyday people like David face near-impossible odds.
The Constitution, however, guarantees vital due process protections for Americans targeted by government prosecutors. When the government wants to punish someone and burden them with fines or other punishments, the Constitution protects the right to a fair trial before an impartial judge and jury. The USDA’s administrative hearing—with faux court procedures invented by the agency and overseen by a USDA official on the USDA payroll—tramples David’s constitutional rights.
Then there’s the illegitimate authority wielded by the USDA’s judicial officer and ALJs. The power to destroy lives is so profound that the Constitution allows only properly vetted officials—those nominated by the president and confirmed by the Senate—to exercise it. The agency’s judicial officer and ALJs have neither, yet they continue to issue final, binding legal judgments. As if the fight weren’t lopsided enough, the agency ALJs enjoy special dual-layer tenure protection against presidential removal, creating yet another constitutional problem.
Despite these towering odds, David is determined to clear his name and protect his livelihood. With free representation by Pacific Legal Foundation, David filed a federal lawsuit challenging the USDA’s improperly appointed judicial officer and the agency-run tribunals that strip his right to a fair trial.
This case marks PLF’s third challenge to the USDA’s unlawful tribunal process for Horse Protection Act claims. Additionally, David joins a growing number of brave citizens fighting back under our initiative to End Agency Adjudication and restore the right of all Americans to a fair trial in an actual court of law.
What’s At Stake?
- All Americans are entitled to a neutral judge and jury when the government seeks to financially penalize them for alleged violations of the law. Government agencies cannot use in-house tribunals to circumvent this right.
