The Dormant Commerce Clause; Consumers’ Research v. CPSC

The Dormant Commerce Clause

In 2018, California approved Proposition 12, what supporters describe as the country’s strongest law to protect farm animals. The U.S. Supreme Court has heard oral arguments in National Pork Producers Council v. Ross challenging the constitutionality of the law. The challengers, two groups that represent farmers and pork producers, contend the law “will transform the pork industry nationwide,” while California and its supporters insist that the impact will be more limited. And both sides of the dispute contend that a ruling for the other side will have legal implications far beyond animal welfare.

Vec discusses the Supreme Court’s argument in National Pork Producers Council v. Ross and the Dormant Commerce Clause.

Consumers’ Research v. CPSC

NCLA has filed an amicus brief in Consumers’ Research, et al. v. CPSC, a case before the U.S. Court of Appeals for the Fifth Circuit. Consumers’ Research successfully challenged the structure of the Consumer Product Safety Commission (CPSC) after a federal district court held that the agency violated Article II of the Constitution and the separation of powers because the Commission exercises substantial executive power but is improperly insulated from presidential removal. CPSC has appealed that decision.

Mark and Vec discuss NCLA’s amicus brief in Consumers’ Research v. CPSC.