National Pork Producers Council v. Ross
Issues
Does a state statute violate the dormant Commerce Clause when its practical effect burdens out-of-state commerce?
This case asks the Supreme Court to consider whether California’s Proposition 12 violates the dormant Commerce Clause by failing the extraterritoriality doctrine and the Pike v. Bruce Church, Inc. balancing test. National Pork Producers Council (“NPPC”) argues that Proposition 12 violates the extraterritoriality doctrine by producing a “practical effect,” beyond its influence in California, that unduly burdens the integrated national pork market. NPPC also claims that Proposition 12 does not pass the Pike balancing test, as it imposes an undue burden on out-of-state commerce that is clearly excessive compared to its local benefits. Karen Ross, California’s Secretary of Food and Agriculture, counters that Proposition 12 regulates only the in-state pork market and that the opposing side’s expansive reading of the extraterritoriality doctrine may render it meaningless. Ross also argues that Proposition 12 survives the Pike balancing test. The outcome of this case has important implications for determining the scope of the dormant Commerce Clause as well as the extent of states’ police power.
Questions as Framed for the Court by the Parties
(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 the Supreme 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 claim under Pike v. Bruce Church, Inc.
In 2018, California voters passed ballot initiative Proposition 12, which prohibits businesses from knowingly selling various meat products within California, unless the confinement of animals in the production process complies with certain restrictions. See Nat’l Pork Producers Council v.
Additional Resources
- Barbara Grzincic, Supreme Court will hear challenge to Prop 12, Calif's animal caging bill, Reuters (March 29, 2022).
- Dan Schweitzer, Supreme Court Report: National Pork Producers Council v. Ross, 21-468, National Association of Attorneys General (April 11, 2022).