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On this day in vegan history · May 11, 2023

The Supreme Court Upholds Proposition 12

By a single vote, the Supreme Court told the pork industry that a state gets to decide what cruelty it will and won't allow on its own grocery shelves.

The facts

Decided
May 11, 2023
Vote
5-4, opinion by Justice Neil Gorsuch
What Prop 12 requires
Breeding pigs must be able to lie down, stand up, fully extend their limbs, and turn around freely
Citation
National Pork Producers Council v. Ross, 598 U.S. 356 (2023), No. 21-468

California voters passed Proposition 12 in 2018, requiring that pork sold in the state come from breeding pigs given enough room to lie down, stand up, extend their limbs, and turn around. Because most pork eaten in California is raised out of state, hog farmers and their national trade group sued, arguing the law illegally reached across state lines to control how farms elsewhere operate. On May 11, 2023, the Supreme Court disagreed and let Proposition 12 stand, voting 5 to 4. Justice Neil Gorsuch wrote for a fractured majority that found nothing in the Constitution stopping a state from deciding what it will sell within its own borders, even when that choice ripples through an industry that spans the country.

In their words

The day in the words of the people who were there. Every quote is verbatim, and every source links out so you can check it.

  1. Modern American grocery stores offer a dizzying array of choice.

    Justice Neil Gorsuch, opening line of the majority opinion in National Pork Producers Council v. Ross (May 11, 2023)

    Source: Cornell Law School Legal Information Institute

Why it still matters

It was one of the rare times the meat industry took a gestation-crate ban all the way to the Supreme Court and lost, and it confirmed that a state can set its own farm animal welfare rules for what it sells, even when that pressures how animals are raised in other states.

See it in the 2013-now timeline

Sources

This history is still being written.

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