The National Pork Producers Council and the American Farm Bureau Federation this week petitioned the U.S. Supreme Court to take their case against California’s Proposition 12. The California law 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 conflicts with nearly every other federal circuit court.
NPPC President Jen Sorenson states, “We’re asking the Supreme Court to consider the constitutionality of one state imposing regulations that reach far outside its borders.”
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