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         Biden Admin Asks SCOTUS to Toss Prop 12

         Bidenís Solicitor General sides with agriculture against Californiaís Prop 12



Biden Admin Asks SCOTUS to Toss Prop 12

Biden Administration Sides With Ag on SCOTUS Proposition 12 Challenge


By Todd Neeley, DTN/Progressive Farmer 



LINCOLN, Neb. (DTN) -- The Biden administration asked the Supreme Court to strike down California's attempt to ban the sale of pork from hogs that fail to meet the new production standards is unconstitutional and violates the Commerce Clause.


In a brief filed Monday by the U.S. solicitor general, the Biden administration sided with the American Farm Bureau Federation and National Pork Producers Council in a case against California's Proposition 12. The Supreme Court has scheduled oral arguments for Oct. 11 in the case.


The law requires hog producers across the country to abide by certain regulations to sell pork in California.


In July 2020, the U.S. Court of Appeals for the Ninth Circuit ruled in favor of California's law, stating that although Proposition 12 would have "dramatic upstream effects and require pervasive changes to the pork industry nationwide," the court ruled its own precedent wouldn't allow the ag groups' case to continue.


"The court of appeals went on to say that 'a state law may require out-of-state producers to meet burdensome requirements in order to sell their products in the state without violating the dormant Commerce Clause,'" the Biden administration said in its brief.


"That is true provided that the state's law is directed to, and adequately supported by, a legitimate local interest. Many state laws designed to prevent in-state harms can have extraterritorial effects, even substantial effects, and those effects do not themselves render the laws unconstitutional."


The administration said California, however, has "regulated out-of-state activity in service of an interest that is not a legitimate basis for regulation under our federal system of sovereign states."


One animal-rights group, Animal Wellness Action and the Center for a Humane Economy, said in a press statement Monday night the Biden administration was "pandering" to agriculture groups.


"It is shocking that the Biden administration is attacking the rights of states to enact anti-cruelty and food-safety laws," the group's president Wayne Pacelle said in a statement...





Bidenís Solicitor General sides with agriculture against Californiaís Prop 12


By Larry Lee, Brownfield

June 21, 2022


The Biden administrationís second-highest law officer has sided with agriculture in the battle against Californiaís Proposition 12.


Solicitor General Elizabeth Prelogar submitted briefs to the U.S. Supreme Court saying the judgment of the 9th Circuit Court of Appeals should be reversed and the case should be sent back for appropriate proceedings.


American Farm Bureau Federation and the National Pork Producers Council submitted similar briefs to the Supreme Court earlier this month, saying Prop 12 restricts interstate commerce by attempting to regulate how livestock is raised in other states before the meat is sold in California...