Supreme Court justices pondered trade embargos, morality and how a state can impose the ethical and safety concerns of its people on others. The issue is pork.
e to California’s humane-pork law, passed by nearly 63 percent of Californians in 2018. Proposition 12 doesn’t just regulate the way pregnant sows are treated in the Golden State — very little pork is produced there — but bans the sale of products derived from sows that are not allowed at least 24 square feet of space and the ability to stand up and turn around in their pens.
Kagan said, “Do we want to live in a world where we’re constantly at each others’ throats and, you know, Texas is at war with California and California at war with Texas?” Mongan said the state wasn’t attempting to coerce anyone. “California voters chose to pay higher prices to serve their local interest in refusing to provide a market to products they viewed as morally objectionable and potentially unsafe,” he said. “The Commerce Clause does not prohibit that choice. Prop 12 is not protectionist or discriminatory.”
“We’re going to have to balance your veterinary experts against California’s veterinary experts, the economic interests of Iowa farmers against California’s moral concerns and their views about complicity in animal cruelty. Is that any job for a court of law?” he asked.Bishop replied that courts have not had problems in the past in applying such balancing tests and that very few state laws are struck down. But he said California’s law will affect all consumers.
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