Nearly Two Dozen States Join Pork Producers in Renewed SCOTUS Challenge to Prop 12

The Iowa Pork Producers Association, backed by 23 states, has filed an appeal with the U.S. Supreme Court, challenging California’s Proposition 12— a law that imposes strict sow housing standards on pork sold in the state, regardless of where it was raised.

The appeal, filed on January 3, comes after the Ninth Circuit Court dismissed a lawsuit arguing that Prop 12 unfairly discriminates against pork producers outside California. The coalition of states supporting the challenge includes Iowa, Alabama, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Virginia, West Virginia, and Wyoming.

A Renewed Legal Battle Over Interstate Commerce
While the U.S. Supreme Court previously upheld Prop 12 in 2023, five justices acknowledged that the law could create an undue burden on interstate commerce under the Pike balancing test. The Iowa Pork Producers Association now argues that Prop 12 is discriminatory and that the Ninth Circuit misinterpreted key legal standards in dismissing the latest case.

This new appeal raises the stakes for U.S. pork producers, many of whom argue that Prop 12 sets a dangerous precedent for state-imposed agricultural regulations affecting nationwide commerce.