The American Farm Bureau Federation and National Pork Producers Council today petitioned the U.S. Supreme Court to take their case against California’s Proposition 12, which would ban the sale of pork from hogs that don’t meet the state’s arbitrary production standards.
The appeal to the high court comes after the U.S. Court of Appeals for the 9th Circuit in July upheld a lower court ruling against the NPPC-AFBF case. The appeals court found despite the organizations plausibly alleging that Prop 12 “will have dramatic upstream effects and require pervasive changes to the pork industry nationwide,” 9th Circuit precedent won’t allow the case to continue. That precedent, however, runs counter to numerous Supreme Court decisions and is in conflict with nearly every other federal circuit court.
“We’re asking the Supreme Court to consider the constitutionality of one state imposing regulations that reach far outside its borders and stifle interstate and international commerce,” said NPPC President Jen Sorenson. “In this case, arbitrary animal housing standards that lack any scientific, technical or agricultural basis and that will only inflict harm on U.S. hog farmers.”
Generally, the Commerce Clause grants Congress the power to regulate trade among the states and restricts states from regulating commerce outside their borders, except for matters related to public health and safety.