The Role of Congress in Proposition 12

Gorsuch, Thomas and Barrett say the benefits of Proposition 12 are incommensurable. The Dormate Commerce Clause is supposed to be a negative clause but it's not being used in this case because Congress can't do anything about pork industry standards, says Sotomayor. "Congress at any point can step in here and set a national standard for the treatment of pigs," she adds.