U.S. Supreme Court weighs pork industry challenge to California law

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The U.S. Supreme Court on Tuesday weighed the constitutionality of a California law banning the sale of pork from pigs confined in spaces with too little space to move freely that industry groups have said impermissibly regulates out-of-state farmers.

by the National Pork Producers Council and the American Farm Bureau Federation of a lower court's decision to throw out their lawsuit seeking to invalidate the animal welfare measure. The law was approved by voters as a ballot initiative in 2018 to bar sales in California of pork, veal and eggs from animals whose confinement failed to meet minimum space requirements.

"As I read California's law, it's about products being sold in California," conservative Justice Clarence Thomas said. "Unlike some of the cases you cite, it's not reaching out and regulating something across state lines." "A lot of policy disputes can be incorporated into laws like yours," liberal Justice Elena Kagan told California Solicitor General Michael Mongan.

A ruling is due by the end of June. A decision favoring the pork industry could undermine the power of states to regulate a range of issues within their own borders, according to legal experts.

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