No. 21-468October Term 2022Decided May 11, 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
- 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.”
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
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
- Vote split
- 5-4
- Majority author
- Neil Gorsuch
Majority
- Neil Gorsuch(author)
- Clarence Thomas
- Elena Kagan
- Sonia Sotomayor(concurring, author)
- Amy Coney Barrett(concurring, author)
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.
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Sep 5, 2026
- Method
- Methodology
Primary materials10
Supreme Court docket 21-468
docket | Sep 5, 2026
Primary case document
Supreme Court document | Sep 5, 2026
CourtListener docket record
docket | Sep 5, 2026
Questions Presented
brief | Mar 12, 2026
opinion
opinion | May 11, 2023
Petition
brief | Sep 27, 2021
SupremeCourt.gov
official | Sep 5, 2026
SupremeCourt.gov
official | Sep 5, 2026
SupremeCourt.gov
official | Sep 5, 2026
SupremeCourt.gov
official | Sep 5, 2026