Supreme Court Upholds Prop 12

The Supreme Court’s much-awaited decision on California’s Proposition 12 came this morning. In a 5-4 majority opinion authored by Justice Neil Gorsuch, the Court upheld the rights of California to require pork sold in the state meet certain animal welfare requirements. Notably, all nine justices rejected the National Pork Producers Council’s argument that Prop 12 is unconstitutional because it has indirect effects on pork producers beyond California — “virtually all state laws create ripple effects beyond their borders.”

Ultimately, the Court declined to overrule the will of California voters: “While the Constitution addresses many weighty issues, the type of pork chops California merchants may sell is not on that list.” The Court also recognized a long history of states regulating animal welfare – dating back to the Massachusetts Bay Colony in 1641 and through today, as the state of Massachusetts now restricts forms of pig confinement in pork production. Read more