The possible defeat of California’s Proposition 12 is still alive today before the U.S. Supreme Court. Indiana and its Attorney General has asked the U.S. Supreme Court along with 19 other states, to support the National Pork Producers and American farmers.
Indiana claims “California’s Proposition 12 is a paradigm of unconstitutional extraterritorial regulation: It requires hog and veal-calf farmers in every State to follow California’s animal-confinement rules on pain of exclusion from the California market.”
Indiana and 19 other states do not want California setting the rules for agriculture. The U.S. Supreme Court, I believe, will take this case.
This “…decision warrants consideration not only because it permits precisely the sort of market-balkanizing interstate regulatory conflict the Commerce Clause [of the U.S. Constitution] was meant to prevent, but also because it conflicts with the holdings of at least five other circuits…” Forrest Lucas, executive director at Protect the Harvest, has been claiming this theory for several years but the U.S. Supreme Court had refused to hear this argument. Maybe in this case the U.S.