SCOTUScast National Pork Producers Council v. Ross - Post-Argument SCOTUScast
Nov 18, 2022
Ilya Shapiro, Senior Fellow at the Manhattan Institute, dives into the Supreme Court case National Pork Producers Council v. Ross. He unpacks the implications of California's law on livestock housing and its impact on the national market. Key discussions revolve around the dormant commerce clause and the balance between moral and safety regulations in agriculture. Shapiro also encourages deeper engagement with constitutional issues, shedding light on how legal principles shape interstate commerce and agricultural practices.
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Long SCOTUS Argument on Dormant Commerce Clause
- The Supreme Court heard an extended two-hour argument on a California law regulating breeding sows' housing.
- It highlights complex dormant commerce clause questions on states' extraterritorial regulations affecting out-of-state producers.
Moral Basis of California's Law
- California's law is based on moral concerns about animal cruelty rather than health or safety.
- The challengers argue this moral basis shouldn't justify burdens on interstate commerce under the dormant commerce clause.
Old vs. New Morality in Law
- The Court explored whether longstanding moral traditions differ from new moral regulations for dormant commerce analysis.
- This frames a deeper debate about which moral interests states may assert when regulating interstate commerce.