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No. 21-468October Term 2022Decided May 11, 2023

Docket 21-468October Term 2022 (2022–2023)

National Pork Producers Council v. Ross

California may continue enforcing Proposition 12's restrictions on the sale of pork from animals confined in ways that do not meet its standards.

Case status

Current stage
Decided
Latest event
Decision released May 11, 2023
Case Accepted
Arguments HeardOct 11, 2022
Decision ReleasedMay 11, 2023
What it's about

The Court upheld California’s Proposition 12, which bars the sale in California of pork from breeding pigs kept in confinement that does not meet the state’s space standards. The Court ruled that the law did not violate the dormant Commerce Clause because it did not intentionally discriminate against out-of-state economic interests, and the pork producers had not stated a valid claim that its interstate-commerce burdens were clearly excessive compared with its local benefits.

Question presented

Whether California's Proposition 12, which bans the in-state sale of pork from animals confined in ways that violate California's standards, violates the dormant Commerce Clause.

Case path

United States Court of Appeals for the Ninth Circuit / Decision released May 11, 2023

Area

Decided Supreme Court case

Briefing

What it's about

The Supreme Court upheld the Ninth Circuit's decision and rejected the pork producers' challenge to California's Proposition 12. The Court concluded that the producers' arguments did not show the law violated the dormant Commerce Clause (an implied limit on state laws that burden interstate trade).

Vote

The Court affirmed the Ninth Circuit. Justice Gorsuch delivered the Court's opinion except for Parts IV-B, IV-C, and IV-D.

The Court rejected petitioners' theories that would place Proposition 12 in violation of the dormant Commerce Clause even though petitioners did not allege the law purposefully discriminates against out-of-state economic interests.

Justice Gorsuch(majority)

Impact

Pork producers and sellers who want to sell pork in California must meet Proposition 12's confinement standards. For example, an out-of-state producer may need to change its sourcing or animal-housing practices for pork sold in California.

What's next

California can continue to enforce Proposition 12. Producers and retailers selling pork in California must account for the law's confinement standards in their supply chains.

What did the Supreme Court rule in National Pork Producers Council v. Ross?

The Court affirmed the Ninth Circuit and rejected the producers' dormant Commerce Clause challenge to California's Proposition 12.

Who is affected by the Proposition 12 decision?

Pork producers, suppliers, and retailers selling pork in California are affected. They must meet California's confinement standards for pork sold there.

What happens next after National Pork Producers Council v. Ross?

California may continue enforcing Proposition 12. Businesses selling pork in California must adjust their operations or sourcing to comply with its standards.

Decision

Decision record

What the Court decided

California may continue enforcing Proposition 12's restrictions on the sale of pork from animals confined in ways that do not meet its standards.

Result
Affirmed

Impact

California consumers, pork sellers, and farmers supplying California are affected because Proposition 12 remains enforceable. Pork sold in California must come from animals confined under California’s standards. For example, an out-of-state farm selling pork in California must meet those standards. It permits California’s sales restriction despite effects on out-of-state farms. The ruling limits dormant Commerce Clause (limits on state burdens on interstate trade) challenges.

Not official Court text.

Vote

Opinion documents

Timing

Decided May 11, 2023

The Court released its decision 212 days after oral argument on October 11, 2022. The median for cases argued in October is 139 days.

Based on 36 merits cases argued in October since 1995.Argument and decision days