Posted on 12/04/2017 4:42:48 PM PST by Mariner
JEFFERSON CITY, Mo. (AP) —
More than a dozen states banded together Monday to ask the U.S. Supreme Court to block a California law requiring any eggs sold there to come from hens that have space to stretch out in their cages.
In a lawsuit filed directly to the high court, the states allege that California's law has cost consumers nationwide up to $350 million annually because of higher egg prices since it took effect in 2015. The lawsuit argues that California's requirements violate the U.S. Constitution's interstate commerce clause and are pre-empted by federal law.
A federal appeals court panel rejected similar claims last year in a separate case brought by six states, ruling that they failed to show California's law would affect more than just individual farmers. The latest lawsuit seeks to address that by citing an economic analysis of the California law. It also asks the Supreme Court to take up the case directly instead of requiring that it first move through the lower courts.
Missouri Attorney General Josh Hawley, a Republican who is running for U.S. Senate in 2018, is leading the lawsuit. Other plaintiff states are Alabama, Arkansas, Indiana, Iowa, Louisiana, Nebraska, Nevada, North Dakota, Oklahoma, Texas, Utah and Wisconsin. All have Republican attorneys general except Iowa, which has a Democrat.
The California attorney general's office said Monday that it was reviewing the lawsuit.
California produced about 5 billion eggs and imported an additional 4 billion from other states in 2012, according to the lawsuit. Thirty percent of those out-of-state eggs came from Iowa, the nation's top egg producer. About 13 percent of California's egg imports came from Missouri, the second highest percentage cited in the lawsuit.
(Excerpt) Read more at kcra.com ...
Cite the Federal law that precludes California from doing this.
If you weren’t trying to sound high minded you could have said the “Commerce Clause”.
You know, the MOST abused clause of the Constitution.
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To show the Amarillo..it could be done.
NOT Amarillo!!!
I completely agree with you!
I have 9 happy hens and fresh, delicious eggs.
Would never eat store bought eggs again. They’re usually a few weeks old before they even hit the shelves.
California needs to pass legislation allowing anyone to raise chickens for personal egg production.
The interstate commerce clause was originally created to address this sort of trade barrier. Before the constitution states enacted tariffs and other barriers against other states goods. I think California’s egg rules are unconstitutional.
My kids brought home a new twist merging two classics:
Why did the chicken cross the road?
To get to the idiots house on the other side
Knock, knock. (Who's there) The chicken.
“Before the constitution states enacted tariffs and other barriers against other states goods.”
Agreed, but this is neither a tariff nor a barrier.
All states do this to an extent:
States allow dry counties...refusing to allow the import of alcoholic beverages. Or restricting beer to 3.2%.
Tightly regulating the flow and type of tobacco that can be sold.
Regulating whether raw milk products can be sold. Whether fruits and vegetables have to be irradiated or run through a sterile wash before entry.
The laws are myriad.
But once Congress passes a law with sufficient specificity, they all fall away.
If CA was to say a supplier needs to pay a $0.50 tariff on every dozen...or that the import of eggs is not allowed...they would be in violation of the original intent.
Guess it stands to reason. So, would they do a border inspection to see if you’re carrying out of state eggs the way they do for produce?
It is pure processed garbage. And most of it isn’t even from vegetables.
I believe they just look at invoices and shipping docs.
Then only sporadically.
They leave it to the retailers and distributors. Because if they catch one they will make a very harsh example of them.
That’s the way CA enforces all of its laws.
And that’s why there’s no real Rule of Law here.
Jerry Brown and his merry band are the law there.
Isn’t it an exception if the hens are from Mexico and are illegals?
why did the chicken cross the borer. To live in bigger coop.
California also has stricter emissions regs, has for over 30 years -- but that's okay, the US auto industry didn't just knuckle under. /sarc
I'm happy that I can come on FR and know that somebody else thinks the same things I'm thinking.
lol GMTA~
Just don’t sell them any eggs, watch hundreds of thousands of people lose their jobs when all he breakfast restaurants close.
FU Cali
I get my eggs for free (I guess), I raise my own chickens.
Of course it does cost money to raise and feed them.
Guess someday I MIGHT decide to sit down and calculate costs.
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