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Writer's pictureby Sara VanderPoel

Supreme Court Upholds California's Prop 12 - animal housing law


Pig Farm in the United States. Image provided by ABC News.


Last week, the Supreme Court of the United States rejected a challenge to California's Proposition 12, a statewide ban on the sale of pork from pigs housed in cages or group pens that prevent them from turning around freely.


Proposition 12 was approved in 2018 by a 63% vote, but has not taken effect due to legal challenges. This 5-4 ruling from the Supreme Court upholds Prop 12, and outlaws pork derived from sows (mother pigs) housed in less than 24-square-feet. The ruling also prohibits any business outside of California from selling into the California pork market, which represents 13-15% of the total US Market.


Supreme Court Justice Neil Gorsuch, writing for the five-justice majority, said that California voters overwhelmingly endorsed the "ethical pork" law in 2018 and have the right to decide what products appear on store shelves.


"Companies that choose to sell products in various States must normally comply with the laws of those various States," Gorsuch wrote in the opinion. "While the Constitution addresses many weighty issues, the type of pork chops California merchants may sell is not on that list."

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