The National Pork Producers Council and American Farm Bureau have filed a petition asking the U.S. Supreme Court to hear their case challenging California’s Proposition 12. The groups say that California law violates the Commerce Clause of the U.S. Constitution. Iowa Pork Producers Association Attorney Eldon McAfee agrees and thinks the ag groups have a very strong case should the convince the High Court to take it up.
He says there isn’t much doubt Proposition 12 violates the Commerce Clause and the groups have done a good job in pointing that out in their petition.
McAfee says even though each Circuit Court has a different take on constitutional issues there isn’t any doubt Proposition 12 will impact other states negatively if it’s allowed to go into effect.
McAfee says the Science does not support adopting Proposition 12 based on any human or animal health concerns.