Supreme Court Hears Challenge to Allegedly Unconstitutional California Pork Industry Restrictions

Supreme Court Hears Challenge to Allegedly Unconstitutional California Pork Industry Restrictions
Supreme Court Justice Elena Kagan stands for a group photograph of the justices at the Supreme Court in Washington, on April 23, 2021. Erin Schaff/Pool/AFP via Getty Images
Matthew Vadum
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A voter-ratified law in California banning the sale of pork from hogs raised in spaces smaller than industry norms is unconstitutional, an industry group told the Supreme Court on Oct. 11.

The case is important because whatever ruling the court issues could have implications reaching well beyond agricultural law. State-level energy and climate regulations have also been challenged under the so-called dormant commerce clause, or negative commerce clause, in the U.S. Constitution, which prohibits states from enacting legislation that discriminates against or excessively burdens interstate commerce.