July 2, 2022
Fargo, US 57 F

AFBF and NPPC Tell Supreme Court Proposition 12 is Unconstitutional

The American Farm Bureau Federation and National Pork Producers Council filed a brief with the U.S. Supreme Court challenging the constitutionality of California’s Proposition 12. The state law seeks to ban the sale of pork from hogs that don’t meet the state’s arbitrary production standards, even if the pork was raised on farms outside of California. AFBF and NPPC argue Proposition 12 violates the constitution’s Commerce Clause, which restricts states from regulating commerce outside their borders. The brief states Proposition 12 “will require massive and costly changes across the entire $26-billion-a-year industry. And it inescapably projects California’s policy choices into every other State, a number of which expressly permit their farmers to house sows in ways inconsistent with Proposition 12.” NPPC and AFBF assert Proposition 12 unconstitutionally regulates commerce outside of California, governs activity outside of California’s borders and beyond its police powers, and imposes substantial burdens on out-of-state farmers and their customers.

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