Proposition 12 Moves Forward After SCOTUS Rejects Industry Challenge

California’s Proposition 12 will be moving forward after a decision from the Supreme Court of the United States (SCOTUS) on Thursday. Industry groups argued that the law violated the Constitution’s Commerce Clause, impeding interstate commerce. In a 5 to 4 ruling, SCOTUS has affirmed California’s prohibition on the sale of certain meat products not produced according to state requirements. Industry groups have been fighting the measure since it was initially passed by California voters in 2018. However, SCOTUS has upheld a lower court ruling dismissing the challenge.

“Companies that choose to sell products in various states must normally comply with the laws of those various states,” Justice Neil Gorsuch wrote in the opinion. “Assuredly, under this court’s dormant Commerce Clause decisions, no state may use its laws to discriminate purposefully against out-of-state economic interests. But the pork producers do not suggest that California’s law offends this principle.”

Justices Clarence Thomas, Sonia Sotomayor, Elena Kagan, and Amy Coney Barrett joined Gorsuch in the opinion. The dissenting opinion was led by Chief Justice John Roberts, who was joined by Justices Samuel Alito, Brett Kavanaugh, and Ketanji Brown Jackson. Industry organizations have expressed significant disappointment with the decision. The North American Meat Institute notes that Proposition 12 is “a costly burden to producers and provides no benefit to animals or consumers.” One particular issue industry groups have continually raised is what Prop 12 will mean for the supply chain and availability of products.

“We are very disappointed with the Supreme Court’s opinion. Allowing state overreach will increase prices for consumers and drive small farms out of business, leading to more consolidation,” said National Pork Producers Council (NPPC) President Scott Hays. “We are still evaluating the Court’s full opinion to understand all the implications. NPPC will continue to fight for our nation’s pork farmers and American families against misguided regulations.”