Kleppe v. New Mexico

Kleppe v. New Mexico, 426 U.S. 529 (1976), was a United States Supreme Court decision that unanimously held the Wild and Free-Roaming Horses and Burros Act of 1971, passed in 1971 by the United States Congress to protect these animals from "capture, branding, harassment, or death", to be a constitutional exercise of congressional power.

When the BLM demanded the animals' return, the state filed suit claiming that the Wild Free-Roaming Horses and Burros Act was unconstitutional, claiming the federal government did not have the power to control animals in federal lands unless they were items in interstate commerce or causing damage to the public lands.

The act covered the management, protection and study of "unbranded and unclaimed horses and burros on public lands in the United States.

[9] The New Mexico Livestock Board, acting under state law[10] then seized nineteen burros from federal land and sold them at public auction.

[13] The case was heard by a three judge panel consisting of Oliver Seth, Edwin Mechem, and Harry Payne.

Justice Marshall, author of the opinion