The Supreme Court will not hear Iowa Pork Producers’ petition challenging California’s Proposition 12, the state law that bans the sale of pork from animals not raised under California’s arbitrary welfare standards.
In this petition, Iowa Pork Producers Association (IPPA) v. Bonta, the petition claimed that Proposition 12 violates the dormant commerce clause by discriminating against out-of-state pork producers, who they say had less “lead time” to comply than California farmers subject to an earlier law, Proposition 2.
The case was relisted or marked “Distributed for Conference” six times since May 15, but was announced on June 30 that the Supreme Court would not hear the case.
Justice Brett Kavanaugh was the only one who indicated he would grant the petition for a writ of certiorari.
“IPPA is disappointed, obviously, but we understand how difficult this issue this has been for the courts as evidenced by the Supreme Court’s sharply divided 2023 NPPC decision, the numerous times this case was distributed for conference, and Justice Kavanaugh’s listing in the docket as wanting to grant IPPA’s petition,” says Eldon McAfee, attorney with Brick Gentry P.C. in West Des Moines, Iowa. “That said, most producers don’t understand how a law in California, a law that most would agree has no scientific basis, can be enforced in Iowa dictating how gestating sows must be housed.”
Because this is interstate commerce, McAfee believes the best option is federal legislation, as the courts have suggested, to prohibit this type of state law.
“Producers recognize that that they must respond to consumer demand in the market place,” he says. “But it must be by consumer choice and by voluntary producer choice to provide the product. It cannot be unconstitutionally mandated by California law.”
In 2018, California passed Proposition 12, a law that requires out-of-state pork producers to comply with strict farming regulations if they want to sell pork products. Iowa Attorney General Brenna Bird’s office says Proposition 12 sets harsh regulations that will spike pork prices, dictate to other states how they should raise their hogs, and force some pork producers to close up shop if they cannot afford to keep up with the strict new mandate.
“I am disappointed with the Supreme Court’s decision to not hear the Iowa Pork Producers’ case to stop California’s mandate against Iowa farmers,” says Iowa Attorney General Brenna Bird. “I will continue to fight for our producers and farmers in the active challenges still working their way through the courts, just as I did with this case and Massachusetts Question 3.”
Bird argues states like California and Massachusetts should not dictate Iowa farming practices.
“Laws like this hurt Iowa’s rural communities and make it more difficult for Americans to enjoy the world-class pork products they have come to love and expect out of our state,” Bird says.
