National Pork Producers Council v. Ross

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National Pork Producers Council v. Ross
Argued October 11, 2022
Full case nameNational Pork Producers Council, et al. v. Karen Ross, in Her Official Capacity as Secretary of the California Department of Food & Agriculture, et al.
Docket no.21-468
ArgumentOral argument
Case history
PriorMotion to dismiss and motion for judgment on the pleadings granted, 456 F.Supp.3d 1201 (S.D. Cal. 2020); affirmed, 6 F.4th 1021 (9th Cir. 2021); cert. granted (Mar. 28, 2022)
Questions presented
(1) Whether allegations that a state law has dramatic economic effects largely outside of the state and requires pervasive changes to an integrated nationwide industry state a violation of the dormant Commerce Clause, or whether the extraterritoriality principle described in this Court's decisions is now a dead letter; and
(2) Whether such allegations, concerning a law that is based solely on preferences regarding out-of-state housing of farm animals, state a Pike claim.
Court membership
Chief Justice
John Roberts
Associate Justices
Clarence Thomas · Samuel Alito
Sonia Sotomayor · Elena Kagan
Neil Gorsuch · Brett Kavanaugh
Amy Coney Barrett · Ketanji Brown Jackson

National Pork Producers Council v. Ross (Docket 21–468) is a pending United States Supreme Court case related to the Dormant Commerce Clause.

Background[edit]

In 2018, California's voters approved Proposition 12, which seeks to better the treatment of pigs kept for livestock by barring the sale of pork produced in conditions that are common in the industry today. Much of the pork consumed in the state is imported from other parts of the United States, so the proposition serves to regulate the national pork industry as a whole. A group of farmers and corporations in the pork industry sued California, asserting the proposition violates the Dormant Commerce Clause. The United States District Court for the Southern District of California dismissed the lawsuit, and the United States Court of Appeals for the Ninth Circuit affirmed, in a 3–0 opinion.

The National Pork Producers Council filed a petition for a writ of certiorari.[1]

Supreme Court[edit]

Certiorari was granted in the case on March 28, 2022. Oral arguments were heard on October 11, 2022.

References[edit]

  1. ^ Howe, Amy (March 28, 2022). "Justices add three new cases, including challenge to animal-welfare law and Warhol copyright dispute". SCOTUSblog. Retrieved May 4, 2022.

External links[edit]