Supreme Court rejects challenge to California pork industry restriction
The Supreme Court rejected a challenge to a California animal welfare law that would ban the sale of pork derived from breeding pigs housed in confined spaces.
WASHINGTON — The Supreme Court on Thursday rejected a challenge to a California animal welfare law that would ban the sale of pork derived from breeding pigs housed in confined spaces.
In a fractured ruling in which the court was divided along nonideological lines, the majority said the measure, known as Proposition 12, did not unlawfully regulate pork produced in other states, as the challengers claimed. The law is currently on hold as part of separate litigation in state court.
Five justices agreed that the lawsuit should be dismissed, while four said it should have been revived. But five different justices wrote their own opinions, showing that there was considerable dissension on what legal rationale to adopt.
The ruling, written by Justice Neil Gorsuch, protects the ability of states to enact laws aimed at protecting the health and welfare of the public even if the measures have an impact out of state. Groups that back California had warned that a broad ruling against it could limit the ability of states to enact laws on a whole range of issues, including measures aimed at addressing climate change, such as by efforts to reduce reliance on fossil fuels by promoting renewable energy.
"While the Constitution addresses many weighty issues, the type of pork chops California merchants may sell is not on that list," Gorsuch said.
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