U.S. Supreme Court preserves California humane pig confinement law

By Nate Raymond and Andrew Chung

(Reuters) – The U.S. Supreme Court on Thursday preserved a California law banning the sale of pork in America’s most-populous state from pigs kept in tightly confined spaces, rejecting an industry challenge claiming that the voter-backed animal welfare measure impermissibly regulates out-of-state farmers.

The justices voted 5-4 to uphold a lower court’s dismissal of a lawsuit by the National Pork Producers Council and the American Farm Bureau Federation seeking to invalidate the law, but they were divided in their reasons for doing so.

The industry had argued that the measure violated a U.S. Constitution provision called the Commerce Clause that courts have interpreted as empowering the federal government – not states – to regulate interstate commerce.

“While the Constitution addresses many weighty issues, the type of pork chops California merchants may sell is not on that list,” wrote conservative Justice Neil Gorsuch, who authored the court’s main opinion.

The measure, approved by voters as a 2018 ballot initiative called Proposition 12, bars sales in California of pork, veal and eggs from animals whose confinement failed to meet certain minimum space requirements.

The law mandates pig confinement spaces large enough to enable the animals to turn around, lie down, stand up and extend their limbs.

The pork industry groups argued that the law violated the Constitution by forcing farmers in other states to change their practices in order to sell pork in California, a lucrative market.

Kitty Block, president and CEO of the Humane Society of the United States, praised the ruling.

“We won’t stop fighting until the pork industry ends its cruel, reckless practice of confining mother pigs in cages so small they can’t even turn around. It’s astonishing that pork industry leaders would waste so much time and money on fighting this commonsense step to prevent products of relentless, unbearable animal suffering from being sold in California,” said Block, whose group intervened in the case to defend Proposition 12.

Scott Hays, president of the National Pork Producers Council and a Missouri pork producer, voiced disappointment with the Supreme Court’s decision.

“Allowing state overreach will increase prices for consumers and drive small farms out of business, leading to more consolidation,” Hays said.

Seaboard Corp, the third-biggest U.S. pig producer, is prepared to supply California customers with “limited supplies of compliant pork” starting on July 1, company spokesperson David Eaheart said. The company, which runs Seaboard Foods, converted a portion of its farms and plant operations to meet California’s requirements before the Supreme Court’s decision, Eaheart said.

Chief Justice John Roberts wrote a partial dissent that was joined by fellow conservative Justices Samuel Alito and Brett Kavanaugh, as well as liberal Justice Ketanji Brown Jackson. The four said they would have allowed the challengers to the California law to pursue their claim in the lower courts.

“In my view, petitioners plausibly allege a substantial burden against interstate commerce,” Roberts wrote. 

California farms collectively are only a small part of the $26 billion-a-year U.S. pork industry. The size of cages used at American pig farms is humane and necessary for animal safety, according to the industry, which asserts that California’s law gives the state unwarranted influence over the pork sector.

President Joe Biden’s administration sided with the pork producers in the case, saying that states cannot ban products that pose no threat to public health or safety due to philosophical objections.

Proposition 12 set the required space for breeding pigs, or sows, at 24 square feet (2.2 square meters). The current industry standard is between 14 and 20 square feet (1.3 to 1.9 square meters), according to a 2021 report from Dutch banking and financial services company Rabobank.

The Supreme Court took up the case after the San Francisco-based 9th U.S. Circuit Court of Appeals affirmed a judge’s decision to throw out the pork industry challenge.