The NPPC-American Farm Bureau Federation (AFBF) legal challenge to California’s Proposition 12, which bans the sale in the state of pork from hogs born to sows raised anywhere in housing that does not meet California’s arbitrary standards, is again on the U.S. Supreme Court’s weekly conference agenda for the justices to consider.
The high court at each of its previous conferences held this year has put off making a decision about reviewing the NPPC-AFBF case, which argues that Prop. 12 violates the Constitution’s Commerce Clause limiting states’ ability to regulate commerce outside their borders.
Although Prop. 12 took effect Jan. 1, a California Superior Court recently delayed its effective date until 180 days after final implementing regulations are issued. The California Department of Food and Agriculture is now writing those rules.
An announcement on the Supreme Court’s decision to review the case may come Monday.