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Prop 12 challenge dismissed for second time

The U.S. Court of Appeals for the Ninth Circuit has denied the North American Meat Institute’s challenge of California’s Proposition 12, again.

The decision last week confirms the courts original ruling made in October to uphold the state law which establishes new standards for livestock confinement and bans the sale of products that don’t comply with those standards. 

The Meat Institute argues Proposition 12 violates the federal Commerce Clause by creating trade barriers shielding California producers from out-of-state competition and burdens interstate commerce.

Earlier this month, the U.S. Justice Department and 20 states, including Indiana, Iowa, Missouri, Nebraska, Ohio, and South Dakota, filed separate briefs supporting the Meat Institute’s petition.

The Meat Institute tells Brownfield they’re disappointed in the decision and are considering filing a petition for certiorari.  

Another case filed by the National Pork Producers Council and American Farm Bureau challenging the proposition is still ongoing.