The North American Meat Institute has filed a petition asking the Supreme Court to review an earlier ruling of the U.S. Court of Appeals for the Ninth Circuit regarding the constitutionality of California's Proposition 12 — The Farm Animal Confinement Initiative.
“Prop 12 hurts the family on a budget by causing higher prices for pork, veal and eggs, and unfairly punishes livestock producers outside of California by forcing them to spend millions just to access California markets,” Meat Institute President and CEO Julie Anna Potts said in a release. “If this unconstitutional law is allowed to stand, California will dictate farming practices across the nation.”
The Meat Institute argued the Ninth Circuit's decision conflicts with those of other federal appeals courts regarding whether the constitution limits a state's ability to extend police power beyond its territorial border via a trade barrier dictating production standards.
It also said Prop 12 insulates in-state farmers from out of state competition, while “imposing crushing burdens” on out of state producers with no political voice to shape the rules.