U.S. Solicitor General Supports AFBF Challenge to California Proposition 12

The U.S. Solicitor General, one of the highest ranking officials in the Department of Justice, filed a brief to the U.S. Supreme Court in support of a challenge to California’s Proposition 12. The state law seeks to ban the sale of pork from hogs that don’t meet California’s production standards, even if the pork was raised on farms outside of California. The American Farm Bureau Federation (AFBF) and National Pork Producers Council (NPPC) filed the challenge, arguing Proposition 12 violates the U.S. Constitution’s Commerce Clause.

In the amicus brief, Solicitor General Elizabeth Prelogar argues that AFBF and NPPC have stated a valid claim that Proposition 12 violates the constitution and will create burdens in interstate commerce. “Other States might well condition in-state sales on even more square feet of space per hog, or on compliance with requirements concerning animals’ feed, veterinary care, or virtually any other aspect of animal husbandry. The combined effect of those regulations would be to effectively force the industry to ‘conform’ to whatever State (with market power) is the greatest outlier.”