The U.S. Supreme Court is once again considering whether to take up a legal challenge to California’s controversial Proposition 12, a law that bans the sale of pork in the state unless it comes from farms that meet California’s strict animal housing standards.
This latest petition—filed by the Iowa Pork Producers Association (IPPA)—argues that Prop 12 violates the Constitution’s dormant commerce clause by unfairly burdening out-of-state producers. Specifically, IPPA contends that Iowa and other pork-producing states were given less time to comply with the new standards compared to California producers, who were already subject to the earlier Proposition 2 from 2008.
On May 15 and again on May 22, the case was officially marked as “distributed for conference,” meaning the Supreme Court justices have not yet decided whether to hear the case but will revisit the petition in an upcoming private session.
This move follows a dismissal by the Ninth Circuit Court of Appeals, which ruled there was no plausible discrimination claim and upheld the constitutionality of Prop 12. That ruling echoed the court’s earlier rejection of a similar petition brought by the National Pork Producers Council (NPPC). The Supreme Court narrowly upheld that decision in May 2023 with a 5-4 vote, leaving Prop 12 intact.
Now, all eyes are back on Washington to see if SCOTUS will reconsider how state-level laws can impact national agricultural practices.
Why It Matters for Pork Producers:
Prop 12 has far-reaching implications, not only for how pork is produced but for how state regulations can influence national supply chains. A decision to hear the case could reopen the legal debate—and potentially reshape the rules for interstate commerce in animal agriculture.
Swine Web will continue to monitor the situation and provide updates as the Supreme Court’s next conference date approaches.
