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Proposition 12 decision is top of mind for the pork industry as ’23 nears

The chief legal strategist with the National Pork Producers Council says the U.S. Supreme Court’s decision on Proposition 12 is top of mind as the new year approaches.

Michael Formica tells Brownfield a decision will likely come in the first quarter of 2023. 

“This is a pretty big case for them, but on some of the underlying issues that are involved in it that they would care beyond the agricultural aspect, they seem pretty united,” he says. “There’s a nice mix of conservative and liberal justices who seem to be somewhat in agreement on this so it shouldn’t be that difficult of a case for them to rule on. Having said that, you never know until you know and so we’ll see when we get a decision.”

Formica says if the Supreme Court makes a favorable decision for the pork industry, “It would send the case back down to the lower court, where the case first started. (The Supreme Court) would have very clear instructions for that court as to how it would try the case going forward and what issues it needs to look at and what questions it needs to asks.”  

He says California shouldn’t be able to impose moral interests on farms across the country.

“We’re hoping the court would make clear there are limits to what a state can regulate outside of its borders. It can’t impose moral choices. California can’t say its morals trump the concerns of pork producers in Indiana, for example, who raise these animals and have generations of experience raising the animals and know truly what’s in the bets interest of animals. Everyday pork producers wake up and worry about the care and comfort of their animals.”

During the recent Midwest Pork Conference, Formica said the case also sets a precedent for future ballot initiatives.

“We think the decisions on the care of sows and the treatment and production of animals are decisions that rest with the producer, their veterinarian, and their state land-grant university,” he says. “That’s a decision to be made at that level. That’s not a decision to be made by voters in another state, certainly not by animal rights activist that have no experience raising livestock.”

The Supreme Court has until the end of its term in June 2023 to render a decision.