Reaction to National Pork Producers Council v. Ross

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Facts of the case
In 2018, California voters passed Proposition 12, which amends the California Health and Safety Code to prohibit the sale of pork from animals confined in a manner inconsistent with California standards. Trade associations representing the pork industry and farmers challenged the law as violating the dormant Commerce Clause, which prohibits states from discriminating against interstate commerce or imposing undue burdens on interstate commerce.

According to the challengers, Proposition 12 places an undue burden on interstate commerce and that it causes an impermissible “extraterritorial effect” because it effectively forces all or most hog farmers, regardless of their location, to comply with the California requirements yet mostly affects non-California transactions (because 87% of the pork produced in the country is consumed outside of California).

The district court dismissed the complaint for failure to state a claim, and the U.S. Court of Appeals for the Ninth Circuit affirmed, finding the complaint did not plausibly plead that Proposition 12 violates the dormant Commerce Clause under either theory.

Question
Does a California law that prohibits the in-state sale of pork from animals confined in a manner inconsistent with California standards violate the “dormant” component of the Constitution’s Commerce Clause?

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