May 12, 2023


Supreme Court Outrages Republicans With Split Decision Ruling (NICK MORDOWANEC, 5/11/23, Newsweek)

Republican lawmakers and the pork industry are none too pleased with a Supreme Court decision on Thursday that upholds California's Proposition 12 ballot initiative, requiring pork sold in the state to be raised under strict guidelines among other ramifications.

The 5-4 decision was upheld by Justices Neil Gorsuch, Clarence Thomas, Sonia Sotomayor, Elena Kagan and Amy Coney Barrett. The majority reaffirmed a decision from the U.S. Court of Appeals for the Ninth Circuit, arguing that this was not a constitutional issue.

"Companies that choose to sell products in various states must normally comply with the laws of those various states," Gorsuch wrote in the opinion. "Assuredly, under this court's dormant Commerce Clause decisions, no state may use its laws to discriminate purposefully against out-of-state economic interests. But the pork producers do not suggest that California's law offends this principle.

"Instead, they invite us to fashion two new and more aggressive constitutional restrictions on the ability of states to regulate goods sold within their borders. We decline that invitation. While the constitution addresses many weighty issues, the type of pork chops California merchants may sell is not on that list."

Posted by at May 12, 2023 7:14 AM


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