The Supreme Court rejects 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 that dividedalong 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 on hold as part of separate litigation in state court.
"While the Constitution addresses many weighty issues, the type of pork chops California merchants may sell is not on that list," Gorsuch said. Californians approved Proposition 12 in 2018 with nearly 63% of the vote, a margin of more than 3 million votes. The measure would require that sows have at least 24 square feet of space in their enclosures, allowing them to turn around. The state’s lawyersthat voters were told the measure, which is not in effect, would most likely increase the price of pork but provide for more humane living conditions for pigs and potentially reduce the risk of foodborne illnesses.
Lower courts upheld the measure, prompting the challengers to turn to the Supreme Court, which has a 6-3 conservative majority. Conservative justices Samuel Alito and Brett Kavanaugh also dissented, as did liberal Justice Ketanji Brown Jackson. That view was contested by California and its allies, including meat producer Perdue Premium Meat Co., which filed a brief saying its Niman Ranch brand has for years been raising hogs that would have been in compliance with Proposition 12’s requirements.
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