California Pork Regulation Upheld by Supreme Court in Narrow Decision, Drawing Line for State Regulation of Inter-State Commerce

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Published (Updated) on Thursday, May 11, 2023

United States — The US Supreme Court has rejected a legal challenge from pork producers against California’s Proposition 12 in a 5-4 decision. The law requires that sows have enough space to move around during gestation and bans the sale of pork products from sows that don’t have this space.

The National Pork Producers Council had argued the law violated the Constitution’s limits on state regulation of industry. However, the court ruled the pork industry cannot impose limits on state regulation and Justice Neil M. Gorsuch dismissed the possibility of “more aggressive constitutional restrictions”.

While other states have requirements for pregnant sows, California's law is one of the most restrictive.

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