U.S. Supreme Court Hears Pork Industry’s Arguments on California’s Prop 12

U.S. Supreme Court justices heard arguments from the National Pork Producers Council regarding a lower court’s decision to throw out their lawsuit seeking to invalidate the Proposition 12 animal welfare measure. In 2018, the measure was approved to eliminate sales in California of pork, veal and eggs from animals who were raised in too small of confinement as determined by the state of California. Justices are considering the constitutionality of one state forcing their moral practices on other states.

Justices raised concerns that a ruling in California’s favor might encourage more states to adopt ideologically driven sales affecting nationwide commerce. Lawyers argue the provision violates the Commerce Clause in the U.S. Constitution, which gives Congress the power to regulate interstate commerce. Meanwhile, President Joe Biden’s administration has sided with pork producers, saying states cannot ban products that pose no threat to public health or safety.

Read more on the Supreme Court conversation regarding prop 12 here.