Biden’s Solicitor General sides with agriculture against California’s Prop 12

The Biden administration’s second-highest law officer has sided with agriculture in the battle against California’s Proposition 12.

Solicitor General Elizabeth Prelogar submitted briefs to the U.S. Supreme Court saying the judgment of the 9th Circuit Court of Appeals should be reversed and the case should be sent back for appropriate proceedings.

American Farm Bureau Federation and the National Pork Producers Council submitted similar briefs to the Supreme Court earlier this month, saying Prop 12 restricts interstate commerce by attempting to regulate how livestock is raised in other states before the meat is sold in California.

Prelogar wrote that the Supreme Court has already ruled that state regulations may not discriminate against interstate commerce or impose undue burdens on interstate commerce.  Prelogar says California does not have a legitimate basis to regulate out-of-state activity.

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