The Supreme Court’s “Legal Mess": California’s Prop 12 is on the hot seat in Washington, DC

Lawmakers are digging into the impacts of California’s Prop 12.

The House Agriculture Committee is hearing from producers, economists, and legal experts. One Farm Bureau attorney says that the Supreme Court’s decision created a legal mess.
He says that action is needed because the ruling left farmers without clear rules and without a path forward.

According to Travis Cushman, “Farm Bureau’s efforts resulted in a Supreme Court decision that is so convoluted, so confusing, and so contradictory that no one can articulate the state of the dormant commerce clause today or how courts should proceed with similar claims. As you know, you need five of the nine Justices to agree with you to win a case. Six justices agreed with our legal theory and five agreed that we’d established enough facts to win on that claim. An easy win, right? Not quite! Because the way we count votes at the Supreme Court, our farmers lost. The resulting fractured five/four decision lacks a unifying rationale.”

Cushman says that the decision shows why Congress needs to step in.

Without federal rules, more states could pass their own animal care laws that could leave farmers stuck with costly barn changes and no clear standard.

Related Stories
Industry-wide participation in SHIP enhances biosecurity and fosters global trust in U.S. pork, says swine health expert, Dr. Christine Mainquist-Whigham.
All eyes will be on today’s Cattle on Feed Report, which analysts say could give a clearer picture of where the market goes next.
More than 100 pork producers traveled to Washington to meet with lawmakers and underscore the threat to small family farms.
Corn and beef exports showed strong momentum, cotton sales surged, and soybean sales held steady, though China remains absent from the U.S. market.
American Farm Bureau Federation (AFBF) economist Danny Munch explains how the Emergency Livestock Relief Program application process differs from other USDA aid programs.
Producers may need to prepare for margin pressure in livestock feeding, while dairy farmers could benefit from stronger product demand.
U.S. trade talks with China resume, but meat industry leaders say dealing with shifting demand and market uncertainty is nothing new in this side of the ag sector.
Mike Formica with the National Pork Producers Council joined us on Market Day Report with his reaction to the EPA’s rollback of a Biden-era wastewater discharge mitigation plan.