The U.S. Justice Department has filed a brief recommending that the Supreme Court not hear the lawsuit the state of Missouri and 12 other states filed against California. That involves California’s laws requiring larger enclosures for egg laying hens and other animals. The Attorney’s General from Missouri and other states, along with some farm groups have argued the California law violates the Commerce Clause of the U.S. Constitution.

National Association of Egg Farmers President Ken Klippen is disappointed with the DOJ recommendation.

He says his group and the AGs are considering what their next step will be.

Klippen says not only is California’s law requiring cage free hens creating more costs for consumers and hurting producers, it’s also harming the chickens.

Animal rights groups and other activists are pushing for laws similar to California’s in other states.