The US Supreme Court Tuesday heard oral arguments concerning a California animal welfare law that may impact interstate commerce in violation of the dormant commerce clause. The legislation at issue in National Pork Producers Council v. Ross is Proposition 12, which prohibits California merchants from selling uncooked pork products from breeding pigs confined in a “cruel manner.”
The challengers of this law, two pork manufacturers, allege that the ban violates the dormant commerce clause and infringes on Congress’s constitutional power to regulate interstate commerce because of the regulation’s impact on who can sell pork to the state of California. In oral arguments today, Justice Amy Coney Barrett probed the sweeping impact of invalidating California’s state sovereignty. She asked about a swath of other regulations that would fall should Proposition 12 be found to violate the dormant commerce clause.
California argues that any impact on interstate commerce is negligible as the law is only applicable to pork products. They also allege that to strike down this voter-passed proposition “prevents California from deciding what appears on California grocery shelves.” The pork producers allege that this law effectively forces all manufacturers across the country to adjust their facilities to comply with California’s law.