that would ban the sale of pork derived from breeding pigs housed in confined spaces.
"While the Constitution addresses many weighty issues, the type of pork chops California merchants may sell is not on that list," Gorsuch said. The challengers said the measure would impermissibly interfere with interstate commerce in part because almost all of the pork sold in California is produced out of state by farmers who would not currently be in compliance. The law would also impose an excessive burden on out-of-state entities without having a clear in-state benefit, they argue. As a result, they say, the law has an unlawfully broad extraterritorial effect.
The groups challenging the California law said in court papers that Proposition 12 “will transform the pork industry nationwide” because currently nearly all farmers keep sows in pens that do not comply with the law.