


The Supreme Court ruled Thursday that a California law directing the care of pigs and hogs used for pork does not run afoul of the Constitution, giving the state the green light to control pork sales within its borders.
In its ruling, the court rejected a challenge brought by out-of-state pork farmers. Under California’s Proposition 12, pregnant pigs must be housed within 24 square feet of free space if their pork is sold in the state.
The law was passed in 2018 but had not yet been implemented when the case was argued in October. It imposes a $1,000 fine and up to 180 days in jail for anyone who sells pork in California that doesn’t comply.
The challengers had argued the law causes economic damage to farmers outside of the state and violates the Constitution’s Commerce Clause, which prevents states from discriminating against out-of-state products.
But the majority of the justices said the farmers failed to state a significant legal claim, upholding a lower court’s ruling against the farmers.
“Companies that choose to sell products in various States must normally comply with the laws of those various States,” Justice Neil M. Gorsuch wrote in the court’s majority opinion.
About 13% of the nation’s pork is consumed in California, but the state breeds only about 0.133% of the country’s pigs, the farmers had argued.
The ruling could bolster states’ authority over regulations on commerce brought into their borders and affect states’ efforts to address issues that extend beyond their jurisdictions, such as climate change.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.