Supreme Court Oral Arguments

[21-468] National Pork Producers Council v. Ross

Oct 11, 2022
Timothy S. Bishop argues that California's Proposition 12 infringes on the Commerce Clause, while Edwin S. Kneedler supports this view on behalf of the U.S. government. Michael J. Mongan defends the state regulations, asserting they don't violate interstate commerce. Jeffrey A. Lamken emphasizes the ethical standpoint, advocating for animal welfare. The discussion navigates the complex interplay between state laws, morality, and commerce, as the Justices probe the potential extraterritorial effects of the law on pork production across the nation.
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INSIGHT

Extratorritorial Effect Violates Commerce Clause

  • Conditioning in-state sales on out-of-state production methods violates the Commerce Clause by imposing extraterritorial effects.
  • This approach threatens the national economic union and state's territorial sovereignty by forcing out-of-state producers to comply with local preferences.
INSIGHT

States Cannot Control Out-of-State Production

  • A state law conditioning sales on out-of-state business conduct is impermissible, even if it regulates sales within the state.
  • States can ban products but cannot control how out-of-state businesses operate their production.
INSIGHT

California's Market Power Forces Compliance

  • There's no obligation for producers to sell in California; they can choose other markets.
  • California's regulation impacts producers nationwide due to its large market share and demand.
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