Breaking news! The US Supreme Court upheld California’s Proposition 12 that bans the sale of animal products produced using intensive confinement practices such as gestation crates, battery cages, and veal crates. Justice Neil Gorsuch authored the majority decision, rejecting the dormant commerce clause argument advanced by the National Pork Producers Council, the American Farm Bureau, and their amici, stating “While the Constitution addresses many weighty issues, the type of pork chops California merchants may sell is not on that list.” All of the Justices unanimously rejected the Pork Industry’s claim that Prop 12’s ban on the sale of such products is unconstitutional merely because it has indirect effects on out-of-state producers (Brooks Animal Law Digest, May 11, 2023)