3min chapter

We the People cover image

Pork, the Dormant Commerce Clause, and Legislating Morality

We the People

CHAPTER

Introduction

Last week, the Supreme Court heard oral arguments in national pork producers versus Ross. The case is about a 2018 ballot initiative in which voters decided that the state should ban the sale of pork from animals confined in what they considered to be an inhumane manner. Erwin Chemerinsky and Michael McConnell are two of America's leading experts on constitutional law. We will discuss whether the dormant Commerce Clause restricts states from using moral objections as the basis for economic regulations.

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