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California Tries to Regulate 50 States
The Wall Street Journal ^ | Oct. 9, 2022

Posted on 10/10/2022 8:55:31 PM PDT by MinorityRepublican

As political polarization grows, states are increasingly seeking to regulate beyond their borders. On Tuesday the Supreme Court will consider where to draw the line in a challenge (National Pork Producers Council v. Ross) to California farm-animal regulations that has far-reaching implications.

California voters in 2018 approved a ballot initiative that established minimum confinement standards for farm animals sold as meat in the state. The law effectively requires that adult female pigs be housed in large group pens even though nearly all hog farmers keep them in individual pens, in part to prevent disease from spreading.

About 99.9% of the nation’s pigs are born and raised outside California. The law is an attempt to regulate out-of-state farms, and it imposes costs on farmers that raise prices for consumers across the U.S. Slaughterhouses process hogs from different sources together, and there’s no practical way to separate pigs raised for consumers in California’s market.

*** Pork producers say California’s law violates the so-called dormant Commerce Clause, which is the constitutional doctrine that prohibits states from imposing excessive burdens on interstate commerce. Even the Biden Justice Department says California may not regulate “out-of-state activity with no in-state impact based on a philosophical objection.”

The Constitution allows states to protect the health and safety of their citizens. But even California concedes its rules do “not directly impact human health and welfare” and aren’t “accepted as standards within the scientific community to reduce food-borne illness.” The Humane Society sold the law to voters as preventing animal cruelty.

Under the Court’s precedents, a state law violates the Commerce Clause if its “practical effect” is to “‘control [commercial] conduct beyond the boundaries of the State’” or if it imposes a burden on interstate commerce that is “clearly excessive in relation to the putative local benefits.”

(Excerpt) Read more at wsj.com ...


TOPICS: Front Page News; News/Current Events; US: California
KEYWORDS: california; californiaeffect; chat; food; scotus; sidebarabuse
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1 posted on 10/10/2022 8:55:31 PM PDT by MinorityRepublican
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To: MinorityRepublican

I’m so sick of the politicians in California trying to run the whole country into the shithole they’ve become. I wish for a huge earthquake to split the state in half the coastal side can slide into the ocean with all those lousy envirowackos (as Rush used to call them-man I miss him).


2 posted on 10/10/2022 8:59:24 PM PDT by princess leah
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To: MinorityRepublican

Do not sell to California.

In fact, I’m all for cutting them off from buying power off the grid out of Texas tomorrow.


3 posted on 10/10/2022 8:59:25 PM PDT by Rurudyne (Standup Philosopher)
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To: MinorityRepublican

There’s plenty of GloboHomoNazi hair gel used in Calipornia.


4 posted on 10/10/2022 8:59:27 PM PDT by Navy Patriot (Celebrate Decivilization)
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To: MinorityRepublican

Wannabe POTUS ruling from his ‘White House’ roost in Cancerfornia.

Awesome sauce.


5 posted on 10/10/2022 9:00:02 PM PDT by cranked
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To: null and void; aragorn; EnigmaticAnomaly; kalee; Kale; AZ .44 MAG; Baynative; bgill; bitt; ...

!!!


6 posted on 10/10/2022 9:03:00 PM PDT by bitt (<IMG SRC=' 'width=50%>)
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To: Rurudyne
Do not sell to California.

THIS!

7 posted on 10/10/2022 9:06:11 PM PDT by null and void (Can't hear the Rod Serling narration? You are not in the audience. You are a part of the story.)
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To: null and void

If California wants to commit suicide, let ‘em.


8 posted on 10/10/2022 9:10:04 PM PDT by Chad C. Mulligan
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To: MinorityRepublican

Yep.
And the NPPC (National Pork Producers Council) is suing them for trying to restrain interstate trade if I understand it correctly .
Hopefully they win.
The nut jobs in CA behind this law are trying to make laws for all 50 states.


9 posted on 10/10/2022 9:12:04 PM PDT by HereInTheHeartland (Have you seen Joe Biden's picture on a milk carton?)
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To: MinorityRepublican

The USSC needs to overthrow every decision using the Commerce Clause. The Pork Producers case is ideal, although any ruling will be limited. Any textualist understands “regulate” meant “to make regular” when the constitution was written. It does not mean “restrict” or tell people how to do their business beyond things like using standard weights and measures, which is also provided in the constitution.


10 posted on 10/10/2022 9:19:37 PM PDT by ConservativeInPA ( Scratch a leftist and you'll find a fascist )
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To: MinorityRepublican
About 99.9% of the nation’s pigs are born and raised outside California.

As I read it, they can regulate the remaining .1% of the pigs born and raised in California.

11 posted on 10/10/2022 9:26:38 PM PDT by MinorityRepublican
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To: MinorityRepublican

I’d love to regulate Iowa pork farm hygienic standards onto LA/SF streets! Our pigs would never accept what their swine do there. And they are much brighter than the average California politician.


12 posted on 10/10/2022 9:37:49 PM PDT by JohnBovenmyer (Biden/Harris press events are called dodo ops)
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To: MinorityRepublican

Ah, no bacon in California. Let them have tofu or worse, leave the meat to the rest of us outside of California.


13 posted on 10/10/2022 9:52:31 PM PDT by Reno89519 (FJB. Respect America, Embrace America, Buy American, Hire American.)
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To: Reno89519

States lost a case a few years against California concerning hens, cages and eggs.


14 posted on 10/10/2022 10:40:14 PM PDT by taterjay
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To: null and void

If possible, do not buy from California


15 posted on 10/10/2022 10:45:46 PM PDT by Fai Mao (Stop feeding the beast, and steal its food!)
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To: taterjay
States lost a case a few years against California concerning hens, cages and eggs.

Yes, and now eggs in Nevada cost almost five dollars a dozen.

16 posted on 10/10/2022 10:47:35 PM PDT by Reno89519 (FJB. Respect America, Embrace America, Buy American, Hire American.)
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To: MinorityRepublican

Is there a way to expel this communist s-hole from the union?


17 posted on 10/10/2022 11:25:30 PM PDT by Newtoidaho (All I ask of living is to have no chains on me.)
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To: Rurudyne

This. Let them wallow in their own misery.


18 posted on 10/10/2022 11:30:39 PM PDT by matt04 ( )
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To: MinorityRepublican

Mass tried something similar a while back with eggs. They were forced to back down and make changes when it would basically cut off most of the eggs available to be sold in the state.


19 posted on 10/10/2022 11:33:28 PM PDT by matt04 ( )
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To: MinorityRepublican

Like Demonrats using welfare to breed dumber voters, couldn’t farmers breed animals so stupid they are born vegetables? That seems the easier direction to go in, rather than trying to make vegetables into meat.


20 posted on 10/10/2022 11:54:16 PM PDT by Reeses
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