Neil Gorsuch and Brett Kavanaugh traded barbs in opinions evaluating California's controversial “bacon law.”
In 2018, California voters approved the law — Proposition 12 — which bans the sale of pork products from farms with metal enclosures that restrict pigs from turning around. The two pork producers who brought the suit alleged that Proposition 12 violated the court's “dormant Commerce Clause” precedents, which bar states from discriminating against out-of-state goods or impermissibly burdening interstate commerce.
Four other justices — Chief Justice John Roberts and Justices Samuel Alito, Brett Kavanaugh and Ketanji Brown Jackson — said they would not have dismissed the claim and instead remanded the case back to the lower courts for further consideration. Jackson, who was appointed by President Joe Biden in 2022,Roberts, writing for those four, argued that the pork industry successfully demonstrated that California placed a substantial burden on interstate commerce.
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