Source: Great American Crop
Twenty-three states have joined the Iowa Pork Producers Association in appealing to the Supreme Court to challenge California’s Proposition 12, which regulates nationwide pork farming practices. The appeal follows the Ninth Circuit Court’s dismissal of a lawsuit claiming the law is discriminatory.
Proposition 12 bans the sale of pork from farms that do not meet California’s animal-housing regulations, impacting producers nationwide. The Supreme Court previously ruled in 2023 that the law does not violate the Commerce Clause, but five justices acknowledged its potential to burden interstate commerce under the Pike balancing test.
The 23 states argue that Proposition 12 could violate the Import-Export Clause and impose a tax on other states by enforcing California’s regulations nationwide. They seek a Supreme Court review to determine whether all justices’ opinions should shape legal precedent. Given the court’s selective case acceptance, the appeal faces long odds but could set a crucial precedent for state regulatory power.