The National Pork Producers Council v. Karen Ross is a case that could be directed at the World Trade Organization, not the U.S. Supreme Court.
After all, it seems to involve a non-tariff trade barrier, hurting other states. But the analogy is undone because California is not trying to sell more pork than its neighbors; he just wants to dictate its consumption.
And this dispute is entirely national, involving several states.
Therefore, the writings of amicus for the next term on October 11 are sent to the United States Supreme Court. State attorneys general support pork producers on behalf of Alabama, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas. , Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia and Wyoming.
And these 26 states have now been joined by the Attorney General of the United States. The attorney general represents the federal government before the U.S. Supreme Court and is often referred to as “the 10th justice.”
Attorney General Elizabeth Prelogar was under pressure to support Proposition 12 when she reached the higher court. Liberal senators led by Dianne Feinstein, D-CA, Alex Padilla, D-CA, Cory Booker, D-NJ and 13 others made public their arguments that the United States should be pro-Prop 12.
“We believe that the previous administration’s position on Proposition 12 was based on a misconception of the law,” they wrote. “As stated in the text of the vote measure, the goal of California’s Proposition 12 was not only to improve animal welfare, but to” gradually eliminate extreme methods of confinement of farm animals, which also threaten the health and safety of California consumers and increase the risk of foodborne illness and the negative tax impacts associated with the state of California. “
But Attorney General Prelogar, in the middle of the Biden administration, filed an amicus brief that found the port producer’s claims valid because Proposition 12 violates the constitution and will create unnecessary burdens for interstate trade.
The solicitor’s reasoning was as follows:
Other states may condition sales in the state to even more square feet of space per pig or meet animal feed requirements, veterinary care, or virtually any other aspect of livestock. The combined effect of these regulations would be to effectively force the industry to “conform” to any state (with market power) that is the most atypical.
California consumes 13% of the country’s pork and imports 99.87% of the pork consumed by the state.
In their brief, Attorneys General said: “The full impact of Proposition 12 will be visited on out-of-state producers who, while not voting in California, have to remodel their farms ( or reduce their herds) to comply with the Law. “
California consumes 13 percent of the country’s pork and imports 99.87 percent of the state’s pork consumption.
Missouri Attorney General Eric Schmitt said California should not be able to dictate to farmers and ranchers in its state how to raise breeding pigs, laying hens or beef calves. He says California is “trying to impose its will” on Missouri farmers and ranchers by threatening to deny them entry to the California market.
The 9th Circuit Court of Appeals upheld the new California law restricting pigs, chickens and beef calves to a private home. This case, National Pork Producers Council v. Karen Ross, is now before the higher court. Ross is the California Secretary of Agriculture.
Proposition 12 was passed by 63 percent of California voters in 2018, but the new law didn’t go into effect until Jan. 1, 2022. It dictates minimum space requirements for beef calves, breeding pigs and laying hens.
Proposition 12 states that animals kept in less than these spaces are “cruelly confined” and prohibits their sale in California.
Pork producers, state attorneys general, the U.S. Federation of Agriculture Bureau and the Attorney General see the California sales ban as an “extraterritorial” violation of the interstate trade clause.
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Which United States governmental regulation established the Interstate Commerce Commission ICC?
The ICC was established under the Interstate Trade Act of 1887 originally to regulate railways, but its powers were later expanded to cover other commercial transportation as well. To see also : A truly fishing exemption.
Who Created the Interstate Trade Act? In 1887 Congress passed the Interstate Trade Act, making railroads the first industry subject to federal regulation. Congress passed the law primarily in response to decades of public demand to regulate rail operations.
Why did the United States government create the Interstate Commerce Commission?
Lawmakers designed the law, which established a five-member executive board known as the Interstate Trade Commission, largely in response to public demand that railroad conduct should be limited. In the years following the Civil War, the railways were privately owned and not fully regulated.
What did the ICC Interstate Commerce Commission regulate?
The Interstate Trade Commission (ICC), established in 1887, aimed to regulate the railway industry. On the same subject : Al Davis, John Madden named Class 2022 inductees for the California Sports Hall of Fame. It was expanded to deal with trucks, ships, freight forwarders and other interstate carriers.
Why was ICC formed U.S. history?
The ICC, the first regulatory commission in U.S. history, was established as a result of growing public outrage in the 1880s against railroad malpractices and abuses. This may interest you : Because the United States and China are not decoupling so fast. ICC’s jurisdiction gradually extended beyond railroads to all common carriers except airplanes in 1940.
What can the president not do?
A PRESIDENT CANNOT. . . declare war. decide how federal money will be spent. interpret the laws. elect cabinet members or Supreme Court judges without Senate approval.
How is presidential power limited? it can veto legislation passed by Congress. However, the veto is limited. It is not a general veto, meaning the president must veto the entire bill, rather parts of it. In addition, a presidential veto can be overturned by a two-thirds vote in Congress.
What limits the president?
Approved by Congress in 1947 and ratified by states on February 27, 1951, the Twenty-Second Amendment limits an elected president to two terms, a total of eight years. However, it is possible for a person to serve for up to ten years as president.
What can the US president actually do?
The President is responsible for implementing and enforcing laws drafted by Congress and, to that end, appoints the heads of federal agencies, including the Council of Ministers. The Vice President is also part of the Executive Branch, ready to assume the Presidency in case of need.
What federal agency regulates interstate commerce?
The ICC, the first regulatory commission in U.S. history, was established as a result of growing public outrage in the 1880s against railroad malpractices and abuses. ICC’s jurisdiction gradually extended beyond railroads to all common carriers except airplanes in 1940.