Summary
This legal project is aimed at establishing a "fundamental right to pursue the occupation of farming" at the U.S. Supreme Court. While all fifty U.S. states have "Right-to-Farm" laws, these laws primarily protect existing agricultural operations from nuisance lawsuits (e.g., complaints about odors or noise from new neighbors). These state laws do not establish a fundamental constitutional right to pursue or enter the farming occupation. Despite the U.S. Supreme Court acknowledging a "generalized due process right to choose one's field of private employment" under the Fourteenth Amendment's Due Process Clause, a recent U.S. Court of Appeals for the Eighth Circuit ruling (July 2025) concerning Minnesota deer farmers explicitly stated that "The liberty to pursue one's chosen occupation is not a fundamental right" in the context of challenging new restrictions on a person pursuing or entering the deer farming occupation.
Overview
Reason to Invest:
Investing in a project to promote a constitutional right to pursue farming as an occupation is a strategic choice with several compelling reasons that extend beyond a single court case. While winning a Supreme Court case on this issue would be a monumental achievement, the project's value lies in its broader impact on food security, economic stability, and individual liberty.
Here are key reasons to invest in such a project:
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Protecting Food Security and Local Food Systems: The project is a direct investment in the resilience and diversity of the U.S. food supply. By fighting for a fundamental right to farm, it aims to protect small and mid-sized family farms from being driven out of business by regulations, economic pressures, or land use conflicts. This is crucial for maintaining local and regional food systems, which have proven to be more resilient during supply chain disruptions (as seen during the COVID-19 pandemic). A vibrant network of local farms ensures that communities have consistent access to fresh, healthy food.
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Promoting Economic Liberty and Opportunity: This project aligns with the core American value of economic liberty—the right of individuals to pursue a lawful occupation. By challenging regulatory overreach, it seeks to lower the barriers to entry for new farmers and protect the livelihoods of existing ones. This supports entrepreneurship and economic growth in rural communities, where small farms are often the cornerstone of local economies. The project would advocate for a legal framework that allows farmers to innovate and adapt their practices without being stifled by burdensome and costly regulations.
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Safeguarding Individual Autonomy and Property Rights: The effort to establish a fundamental right to farm can be seen as a way to safeguard individual autonomy and property rights against government intrusion. It would challenge the idea that a person's ability to use their land for a traditional occupation like farming can be unduly restricted without strong legal justification. This strengthens protections for all property owners and reinforces a constitutional principle that an individual's right to earn a living is a core liberty.
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Fostering a Broader Dialogue and Policy Change: Regardless of the ultimate outcome at the Supreme Court, the project itself serves a vital purpose by elevating the conversation around food policy and the rights of farmers. It forces a public and legal debate on a number of critical issues, including the balance between regulation and individual liberty, the economic value of small-scale agriculture, and the importance of a decentralized food system. This can lead to a variety of positive outcomes, such as the passage of more farmer-friendly state and federal legislation, the creation of new programs that support beginning farmers, and increased public awareness of the challenges facing the agricultural community.
In short, investing in such a project is an investment in a more resilient and equitable future. It champions the rights of individuals, supports the economic health of rural America, and strengthens the foundation of the nation's food security.
Team
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Gregory M. Erickson
Contact Me: (612) 979-9791
Education University of Minnesota Law School, Minneapolis, Minnesota J.D. - 1997 Honors: cum laude Miami University, Oxford, Ohio B.A. - 1993 Honors: Cum Laude Major: Political History Science Bar Admissions Minnesota Wisconsin United States Supreme Court U.S. Court of Appeals 7th Circuit U.S. Court of Appeals 8th Circuit U.S. District Court Eastern District of Wisconsin U.S. District Court Western District of Wisconsin U.S. District Court Northern District of Illinois Representative Cases Advanced Communication Design v. Follett, 615 N.W. 2d 285, 2000 Pergament v. Loring Properties, Ltd., 599 N.W.2d 146, 1999 Digital Resources LLC v. James Loestetter, et. al., 246 B.R. 357, 2000 Past Positions Rider Bennett, LLP, Partner Professional Associations Minnesota Bar Association, Member Hennepin County Bar Association, Member American Bar Association, Member Certified Legal Specialties M.S.B.A. Board Certified Real Estate Specialist
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Elizabeth Nielsen
Contact Me: (612) 979-9791
Education University of Illinois College of Law, Illinois J.D. - 2022 Honors: magna cum laude Honors: Rickert Award for Excellence in Advocacy Honors: Paul M. Lisnek Award for Excellence and Ethics in Trial Advocacy Southern Illinois University, Carbondale, Illinois B.A. - 2014 Honors: summa cum laude Honors: Chancellor’s Scholar Major: Political Science Major: Theater Minor: French Bar Admissions Minnesota Michigan Pennsylvania U.S. Court of Appeals 3rd Circuit U.S. Court of Appeals 6th Circuit U.S. Court of Appeals 8th Circuit U.S. Court of Appeals 9th Circuit U.S. District Court District of Minnesota U.S. District Court Eastern District of Michigan
Erick G. Kaardal
Contact Me: (612)-341-1074
Education University of Chicago Law School, Chicago, Illinois J.D. - 1992 Harvard College Honors: magna cum laude Honors: U.S. Army Reserve Officer Training Corps scholarship Major: Economics Bar Admissions Minnesota Wisconsin U.S. Supreme Court U.S. Court of Appeals District of Columbia Circuit U.S. Court of Appeals Federal Circuit U.S. Court of Appeals 3rd Circuit U.S. Court of Appeals 6th Circuit U.S. Court of Appeals 7th Circuit U.S. Court of Appeals 8th Circuit U.S. District Court District of Minnesota U.S. District Court Eastern District of Wisconsin U.S. District Court Western District of Wisconsin U.S. District Court Central District of Illinois U.S. District Court Northern District of Iowa U.S. District Court District of Idaho U.S. District Court Northern District of Georgia U.S. District Court Eastern District of Michigan U.S. District Court Western District of Michigan U.S. District Court Western District of Pennsylvania U.S. Court of Federal Claims U.S. Tax Court Representative Cases Republican Party of Minnesota v. White (U.S. Supreme Court victory 5-4), 2002 Minnesota Voters Alliance v. Mansky (U.S. Supreme Court victory 7-2), 2018 Honors Outstanding Contribution to the Cause of Liberty, Institute for Justice Minnesota Lawyer, Lawyer of the Year, 2018 Life Legal Defense Foundation "Defender of Life" Award Winner – 2021 Pro-Bono Activities Republican Party of Minnesota, Past Secretary/Treasurer John Adams Society, Past Chairman Minnesota Chapter of the Federalist Society, Advisory Board Member Past Positions Mohrman, Kaardal & Erickson, PA - since January 1, 2000 Trimble & Associates, Ltd., Associate Attorney, 1994-1999 Faegre & Benson, Associate Attorney, 1992-1994 U.S. Army Reserves, Minnesota and Illinois National Guard, Field Artillery Officer, Captain (retired)
About
Project Pitch :
Imagine a future where a family farm isn't just a nostalgic memory, but a thriving business for the next generation. Our project is fighting to make that a reality. We are launching a landmark legal and advocacy effort to establish the constitutional, fundamental right to pursue farming as an occupation.
This isn't just about agriculture; it's about safeguarding economic liberty and the future of our food supply. Current regulations, land use policies, and economic pressures are forcing family farmers off their land at an alarming rate. By establishing a constitutional right, we can provide farmers with a powerful legal shield against excessive government overreach, lower the barriers for new farmers, and ensure a more resilient, decentralized food system for all of us.
Your investment will not only defend the American family farmer, but will also protect local economies, promote individual autonomy, and secure our nation's access to fresh food for generations to come. Join us in this fight to save the farm.
Organization Information:
MN Deer Farmers Association
Milestones
Milestone 1– File U.S. Supreme Court petition for writ of certiorari $7,500 (Funded by Plaintiff)
This milestone involves: preliminary review; drafting the petition; formatting, printing, and filing; reviewing the brief in opposition; draft and file a reply brief if any; and the U.S. Supreme Court’s decision on whether to take the case.
Milestone 2 - Amici Curiae Phase - $45,000
Recruiting federal government and other support. Four months of coalition building ($20k) Add admin buffer (expense)
Milestone 3 –Win the case
If the U.S. Supreme Court takes the case, then the following steps occur: petitioners’ brief; respondents’ brief; petitioners’ reply brief; oral argument and the U.S. Supreme Court’s decision. Friend-of-the-court or amici curiae briefs also play an important part in the process.