National Pork Producers Council v. Ross
|National Pork Producers Council v. Ross|
|Full case name||National Pork Producers Council, et al. v. Karen Ross, in Her Official Capacity as Secretary of the California Department of Food & Agriculture, et al.|
|(1) Whether allegations that a state law has dramatic economic effects largely outside of the state and requires pervasive changes to an integrated nationwide industry state a violation of the dormant Commerce Clause, or whether the extraterritoriality principle described in this Court's decisions is now a dead letter; and|
(2) Whether such allegations, concerning a law that is based solely on preferences regarding out-of-state housing of farm animals, state a Pike claim.
In 2018, California's voters approved Proposition 12, which seeks to better the treatment of pigs kept for livestock by barring the sale of pork produced in conditions that are common in the industry today. Much of the pork consumed in the state is imported from other parts of the United States, so the proposition serves to regulate the national pork industry as a whole. A group of farmers and corporations in the pork industry sued California, asserting the proposition violates the Dormant Commerce Clause. The United States District Court for the Southern District of California dismissed the lawsuit, and the United States Court of Appeals for the Ninth Circuit affirmed, in a 3–0 opinion.
The National Pork Producers Council filed a petition for a writ of certiorari.
Certiorari was granted in the case on March 28, 2022.
- Howe, Amy (March 28, 2022). "Justices add three new cases, including challenge to animal-welfare law and Warhol copyright dispute". SCOTUSblog. Retrieved May 4, 2022.
- Text of National Pork Producers Council v. Ross, 598 U.S. ___ (2023) is available from: Justia Oyez (oral argument audio) [ Supreme Court (slip opinion)]