The United States Solicitor General, one of the most senior Justice Department officials, has filed a brief with the United States Supreme Court in support of a challenge to California’s Proposition 12. The state law seeks to prohibit the sale of pork from pigs that do not have it. t meet California production standards, even if the pork was raised on farms outside of California. The American Farm Bureau Federation (AFBF) and the National Pork Producers Council (NPPC) filed the challenge, arguing that Proposition 12 violates the Commerce Clause of the US Constitution.
In the amicus brief, Solicitor General Elizabeth Prelogar argues that the AFBF and NPPC have made a valid claim that Proposition 12 violates the constitution and will create burdens in interstate commerce. “Other states may well condition in-state sales on even more square feet of space per pig, or on meeting requirements for animal feeding, veterinary care, or virtually any other aspect of animal husbandry. The combined effect of these regulations would be to effectively force industry to “conform” to the state (with market power) that is most outlier.
AFBF President Zippy Duvall said, “The Solicitor General provides a powerful argument against the arbitrary production standards imposed by Proposition 12. It is important that the Department of Justice recognize the validity of our concerns and realize the unintended consequences of this flawed law.
“We share the goal of ensuring that animals are well cared for, but Proposition 12 does not advance animal health or food safety. Instead, it will make caring for animals more difficult and increase the cost of food for families across America.
Read Solicitor General Prelogar’s brief here.
Read the ABFF and NPPC brief here.
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