Supreme Court Upholds California Prop 12

May 11, 2023 — 

The U.S Supreme Court has rejected an appeal by the National Pork Producers Council challenging California's controversial Proposition 12. That law, which passed in 2018, requires pork meat sold in the state to come from pigs born to a sow hosed in at least a 24-square-foot-pen.

In response to the law, the National Pork Producers Council and American Farm Bureau Federation filed a lawsuit seeking to overturn Proposition 12. They claim it violates the U.S. Constitution's Commerce Clause, which gives Congress the authority to regulate interstate commerce. After the case was thrown out by a lower court, they appealed to the Supreme Court.

According to opponents, Proposition 12 effectively forces producers from other states to adhere to California law. That state consumes approximately 15% of the pork produced in the country, importing nearly all of it.

Various agriculture groups, food and beverage industry advocates, and President Biden have all stated their opposition to the California law. They say the law will lead to unnecessary burdens for pork producers and higher prices across the country for pork products. They are also concerned that the precedent set could lead to states passing other laws targeting industries in other states.

In his majority opinion, Justice Neil Gorsuch says the responsibly of regulating the pork industry falls on Congress. Otherwise, the court does not have the authority to overturn a state law.

"While the Constitution addresses many weighty issues, the type of pork chops California merchants may sell is not on that list," Gorsuch said.

[Source: Farm Progress 11 May 2023, by Joshua Baethge]